Tennessee Code Annotated
Tenn. Code Ann. § 37-1-124 (2026)
Conduct of hearing
✓ current as of May 2026
- (a) Except as provided in subsection (d), hearings pursuant to this part shall be conducted by the court without a jury, in an informal but orderly manner, separate from other proceedings not included in § 37-1-103.
- (b) The district attorney general or city or county attorney, or any attorney, upon request of the court, shall present the evidence in support of the petition and otherwise conduct the proceedings on behalf of the state.
- (c) Minutes of all proceedings shall be kept by the court.
- (d)
- (1) If a juvenile is alleged to have committed an act that would require the juvenile to be classified as a serious youthful offender pursuant to § 37-1-131(g), then the juvenile has a right to a jury trial at the adjudication hearing.
- (2) The juvenile must be advised of the right to a jury trial by the juvenile court.
- (3) The right to a jury trial may be waived by the juvenile only after the juvenile has been advised of the juvenile's right to a trial by jury and after consultation with the juvenile's attorney. A waiver of the right to a jury trial must be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian. The court shall inquire on the record to ensure that the waiver was made in a knowing and voluntary manner.
- (4)
- (A) If a juvenile does not waive the juvenile's right to a jury trial, then the adjudication hearing must be conducted in the circuit or criminal court by a circuit or criminal court judge.
- (B) If the juvenile is adjudicated delinquent by a jury and the juvenile is required to be classified as a serious youthful offender pursuant to § 37-1-131(g), then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(g).
- (C) If the juvenile is adjudicated delinquent by the jury for an offense that does not require the juvenile to be classified as a serious youthful offender, then the circuit or criminal court shall transfer jurisdiction of the matter to the juvenile court for disposition in accordance with § 37-1-131(a)-(e).
- (5) If a juvenile waives the juvenile's right to a jury trial, then the adjudication hearing must be conducted by the juvenile court.
- (6) Title 40 and the Tennessee Rules of Criminal Procedure not in conflict with this part that regulate criminal jury trials in circuit or criminal court apply to jury trials for juveniles subject to classification as a serious youthful offender pursuant to § 37-1-131(g).
- (7)
- (A) The speedy trial requirements of § 40-14-101 apply to an adjudication hearing before a jury in circuit or criminal court.
- (B) Unless good cause is shown, an adjudication hearing before a jury in circuit or criminal court must be held within one (1) year of the juvenile being advised of the juvenile's right to a trial by jury.
Amended by 2024 Tenn. Acts, ch. 1007,s 5, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011.
Amended by 2024 Tenn. Acts, ch. 1007,s 4, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011.
Amended by 2016 Tenn. Acts, ch. 600, s 3, eff. 7/1/2016.
Acts 1970, ch. 600, § 24; T.C.A., § 37-224; Acts 2007 , ch. 199, §§ 3, 4.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 2001–2021 · leading case: State of Tennessee v. Robert Fusco, 404 S.W.3d 504 (Tenn. Crim. App. 2012).
State of Tennessee v. Robert Fusco, 404 S.W.3d 504 (Tenn. Crim. App. 2012). “The district attorney general may not seek, nor may any child transferred under the provisions of this section receive, a sentence of death for the offense for which the child was transferred; (2) A hearing on whether the transfer should be made is held in conformity with §§…”
State v. Simmons, 108 S.W.3d 881 (Tenn. Crim. App. 2002). “The district attorney general may not seek, nor may any child transferred under the provisions of this section receive, a sentence of death for the offense for which the child was transferred; (2) A hearing on whether the transfer should be made is held in conformity with §§…”
In Re Mjb, 140 S.W.3d 643 (Tenn. Ct. App. 2004). “[23] Tenn.Code Ann. § 37-1-124(a) (2001). Parents are frequently not represented by counsel in dependent-neglect proceedings; however, most parents, including indigent parents, are represented by counsel in termination proceedings.”
State of Tennessee v. Andre Terry & Nolandus Sims (Tenn. Crim. App. 2021). “” Tenn. Code Ann. § 37-1-124 (a). And applicable to this appeal, during the hearing, a party is entitled to cross-examine adverse witnesses, and extra-judicial statements, “if obtained in the course of violation of this part or that would be constitutionally inadmissible in a…”
State of Tennessee v. Tyshon Booker (Tenn. Crim. App. 2020). “Tenn. Code Ann. § 37-1-124 (a) (emphasis added).”
In Re State Ex Rel. AJ, 27 So. 3d 247 (La. 2009). “Children's Code Ann. arts. 664, 882; Miss.Code Ann.”
State of Tennessee v. Havin Hameed (Tenn. Crim. App. 2010). “Hameed cites section 37-1-124(b), which states, “The district attorney general or city or county attorney, or any attorney, upon request of the court, shall present the evidence in support of the petition [in juvenile court] and -14- otherwise conduct the proceedings on behalf…”
In the Matter of: M.E., M.E., R.B., M.B., S.B. (Tenn. Ct. App. 2004). “Tenn. Code Ann. § 37-1-129 (d). Informality is not appropriate in termination proceedings.”
State of Tennessee v. Robert Fusco (Tenn. Crim. App. 2012). “The district attorney general may not seek, nor may any child transferred under the provisions of this section receive, a sentence of death for the offense for which the child was transferred; (2) A hearing on whether the transfer should be made is held in conformity with §§…”
State of Tennessee v. Donnie Hensley (Tenn. Crim. App. 2006). “The district attorney general may not seek, nor may any child transferred under the provisions of this section receive, a sentence of death for the offense for which the child was transferred; (2) A hearing on whether the transfer should be made is held in conformity with §§…”
State of Tennessee v. Larry D. Simmons & Tyce Renard Jackson (Tenn. Crim. App. 2002). “-3- (2) A hearing on whether the transfer should be made is held in conformity with §§ 37-1-124, 37-1-126, and 37-1-127; (3) Reasonable notice in writing of the time, place and purpose of the hearing is given to the child and the child’s parents, guardian or other custodian at…”
State of Tennessee v. Derrick Bryant (Tenn. Crim. App. 2001). “The district attorney general may not seek, nor may any child transferred under the provisions of this section receive, a sentence of death for the offense for which the child was transferred; (2) A hearing on whether the transfer should be made is held in conformity with §§…”
— Tenn. Code Ann. § 37-1-124(a) — 2 cases
In Re Mjb, 140 S.W.3d 643 (Tenn. Ct. App. 2004). “[23] Tenn.Code Ann. § 37-1-124(a) (2001). Parents are frequently not represented by counsel in dependent-neglect proceedings; however, most parents, including indigent parents, are represented by counsel in termination proceedings.”
In Re State Ex Rel. AJ, 27 So. 3d 247 (La. 2009). “Children's Code Ann. arts. 664, 882; Miss.Code Ann.”
— Tenn. Code Ann. § 37-1-124(b) — 1 case
State of Tennessee v. Havin Hameed (Tenn. Crim. App. 2010). “Hameed cites section 37-1-124(b), which states, “The district attorney general or city or county attorney, or any attorney, upon request of the court, shall present the evidence in support of the petition [in juvenile court] and -14- otherwise conduct the proceedings on behalf…”
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