Tennessee Code Annotated
Tenn. Code Ann. § 29-9-104 (2026)
Omission to perform act
✓ current as of May 2026
- (a) If the contempt consists in an omission to perform an act which it is yet in the power of the person to perform, the person may be imprisoned until such person performs it.
- (b) The person or if same be a corporation, then such person or corporation can be separately fined, as authorized by law, for each day it is in contempt until it performs the act or pays the damages ordered by the court.
Code 1858, § 4108; Shan., § 5920; Code 1932, § 10121; Acts 1979, ch. 113, § 1; T.C.A. (orig. ed.), §23-904; Acts 2011 , ch. 119, § 5.
Notes of Decisions
Cited in 50
cases (6 in the last 5 years), 1997–2025 · leading case: Ahern v. Ahern, 15 S.W.3d 73 (Tenn. 2000).
Ahern v. Ahern, 15 S.W.3d 73 (Tenn. 2000). “A court can imprison an individual to compel performance of a court order. This is typically referred to as “civil contempt.”
Bryan v. Leach, 85 S.W.3d 136 (Tenn. Ct. App. 2001). “Tenn Code Ann. § 29-9-104. These provisions make it clear that the trial court could have ordered Father imprisoned until he paid the amounts ordered.”
State ex. rel. Flowers v. Tennessee Trucking Ass'n Self Ins. Grp. Trust, 209 S.W.3d 602 (Tenn. Ct. App. 2006). “If the contemnor has refused to perform an act mandated by the court’s order and the contemnor has the ability to comply with the order at the time of the contempt hearing, the court may fíne or imprison the contem-nor until the act is performed.”
Neal Lovlace v. Timothy Kevin Copley, 418 S.W.3d 1 (Tenn. 2013). “at 511 (citations omitted)); see also Tenn.Code Ann. §§ 29-9-104, -105 (2012) (describing the availability of "damages” in contempt proceedings).”
Mfrs. Consolidation Serv., Inc. v. Rodell, 42 S.W.3d 846 (Tenn. Ct. App. 2000). “Tenn.Code Ann. § 29-9-104 (1980). 4 .As pertinent, rule 41.”
In Re Lineweaver, 343 S.W.3d 401 (Tenn. Ct. App. 2010). “Tenn.Code Ann. § 29-9-104 (2000). Thus, it is not the fact of punishment but rather its character and purpose that distinguishes between civil and criminal contempt.”
Joyce Bradley Watts v. Colin Wade Watts, 519 S.W.3d 572 (Tenn. Ct. App. 2016). “Code Ann. §§ 29-9-103 to -105. A court can imprison or fine an individual to compel compliance with a court order.”
Bailey v. Crum, 183 S.W.3d 383 (Tenn. Ct. App. 2005). “Tenn.Code Ann. § 29-9-104. Thus, with civil contempt, the one in contempt has the “keys to the jail” and can purge the contempt by complying with the court’s order.”
Overnite Transp. Co. v. Teamsters Local Union No. 480, 172 S.W.3d 507 (Tenn. 2005). “Tenn.Code Ann. § 29-9-104 (1980 & 2000); see Ahern, 15 S.”
Edith Wenczl Simpkins v. Otto Kent Simpkins, 374 S.W.3d 413 (Tenn. Ct. App. 2012). “2000) (citing Tenn.Code Ann. § 29-9-104; Garrett v. Forest Lawn Mem’l Gardens, 588 S.”
Givler v. Givler, 964 S.W.2d 902 (Tenn. Ct. App. 1997). “” T.C.A. § 29-9-104. Husband’s omission to pay Wife is properly classified as civil contempt.”
Amy Elizabeth Luker v. Terry Eugene Luker (Tenn. Ct. App. 2021). “Tenn. Code Ann. § 29-9-104 . We find Stark v.”
— Tenn. Code Ann. § 29-9-104(a) — 2 cases
Jill St. John Parker v. Virgil Duane Parker (Tenn. Ct. App. 2020).
State of Tennessee, Ex Rel., Misty D. Murphy v. Nicholas A . Franks (Tenn. Ct. App. 2010).
— Tenn. Code Ann. § 29-9-104(b) — 2 cases
Bryan v. Leach, 85 S.W.3d 136 (Tenn. Ct. App. 2001). “Tenn Code Ann. § 29-9-104. These provisions make it clear that the trial court could have ordered Father imprisoned until he paid the amounts ordered.”
Kimberly J. Smith v. Gregory A. Smith (Tenn. Ct. App. 2019).
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