Tennessee Code Annotated
Tenn. Code Ann. § 36-4-113 (2026)
Issues - Trial by jury - New trial
✓ current as of May 2026
Issues may be made up at the request of either party upon matters of fact charged in the bill or petition and denied in the answer, and be tried by a jury in presence of the court, and a new trial may be granted of the issues, should the court deem it necessary.
Code 1858, § 2458 (deriv. Acts 1835-1836, ch. 26, § 5); Shan., §4211; Code 1932, § 8436; T.C.A. (orig. ed.), § 36-812.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1988–2025 · leading case: Wright v. Quillen, 909 S.W.2d 804 (Tenn. Ct. App. 1995).
Wright v. Quillen, 909 S.W.2d 804 (Tenn. Ct. App. 1995). “Tenn.Code Ann. § 36-4-113. There is also a general statutory right to a jury trial in chancery “to try and determine any material fact in dispute.”
Earls v. Earls, 42 S.W.3d 877 (Tenn. Ct. App. 2000). “T.C.A. § 36-4-113. Proof is required even when the allegations of the complaint are confessed, except for cases of irreconcilable differences.”
Clark v. Crow, 37 S.W.3d 919 (Tenn. Ct. App. 2000). “Tenn.Code Ann. § 36-4-113 (1996). However, such is not the case with the Domestic Abuse Act.”
Thomasson v. Thomasson, 755 S.W.2d 779 (Tenn. 1988). “T.C.A. § 36-4-113. Proof is required even when the allegations of the complaint are confessed, except for cases of irreconcilable differences.”
Pamela Wright (Quillen) v. Dale M. Quillen, 75 S.W.3d 413 (Tenn. Ct. App. 2001). “Tenn.Code Ann. § 36-4-113 (1996). Mr. Quillen notes that the statute contains no time limits or specific requirements that must be met before a trial court may grant a new trial.”
Will P. Cotten v. Elizabeth Austin Cotten (Tenn. Ct. App. 2025). “See Tenn. Code Ann. § 36-4-113 (2021) (permitting the court to send disputed “matters of fact” in a divorce action to a jury).”
In Re Allyson P. (Tenn. Ct. App. 2020). “With respect to Mother, the petition alleged the following grounds for termination: abandonment by failure to provide a suitable home (Tennessee Code Annotated §§ 36-1-113(g)(1) and 36-1-102(1)(A)(ii)); abandonment by engaging in conduct prior to incarceration that exhibits a…”
Clark Earls v. Shirley Earls (Tenn. Ct. App. 2000). “T.C.A. § 36-4-113. Proof is required even when the allegations of the complaint are confessed, except for cases of irreconcilable differences.”
— Tenn. Code Ann. § 36-4-113(g)(1) — 1 case
In Re Allyson P. (Tenn. Ct. App. 2020). “With respect to Mother, the petition alleged the following grounds for termination: abandonment by failure to provide a suitable home (Tennessee Code Annotated §§ 36-1-113(g)(1) and 36-1-102(1)(A)(ii)); abandonment by engaging in conduct prior to incarceration that exhibits a…”
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