Tennessee Code Annotated

Tenn. Code Ann. § 40-30-107 (2026)

Preliminary order

✓ current as of May 2026

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(a) If the petition is not dismissed upon preliminary consideration, the court shall enter a preliminary order.

(b) In all cases, the preliminary order shall direct the following:
- (1) If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201, the court shall appoint counsel to represent the petitioner.
- (2) If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time.

Acts 1995, ch. 207, § 1; T.C.A. § 40-30-207.

Notes of Decisions

Cited in 104 cases (27 in the last 5 years), 1984–2026 · leading case: Swanson v. State, 749 S.W.2d 731 (Tenn. 1988).

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Swanson v. State, 749 S.W.2d 731 (Tenn. 1988). · cites it 6× “” T.C.A. § 40-30-107. Under T.C.A. § 40-30-109, a “petition [must be] competently drafted” before the court may order dismissal because the records, pleadings, and files in a case conclusively show that petitioner is entitled to no relief.”

Lovin v. State, 286 S.W.3d 275 (Tenn. 2009). · cites it 6× “Tenn.Code Ann. § 40-30-107(b)(1) (2006). This statutory right applies not only to the proceedings in the trial court but also through the first level of appeal.”

Allen v. State, 854 S.W.2d 873 (Tenn. 1993). · cites it 6× “In Swanson, we reversed the trial court’s dismissal of the pro se petition because the trial court failed to provide the petitioner with the aid of counsel and a reasonable opportunity to amend the petition as required by Tenn.Code Ann. §§ 40-30-107 and 40-30-115.”

House v. State, 911 S.W.2d 705 (Tenn. 1995). · cites it 3× “Tenn.Code Ann. § 40-30-105 (1990). 6 . Tenn.”

Frazier v. State, 303 S.W.3d 674 (Tenn. 2010). · cites it 2× “Tenn.Code Ann. § 40-30-107(b)(1) (2006); McCullough v.”

Reid v. State, 197 S.W.3d 694 (Tenn. 2006). · cites it 4× “See Tenn.Code Ann. § 40-30-107(b)(1). We decline to read into the Act, however, a statutory right to competency from this right to counsel.”

Stokes v. State, 146 S.W.3d 56 (Tenn. 2004). · cites it 2× “Tenn.Code Ann. § 40-30-107(b)(l) (2003). However, “a state may give prisoners the assistance of counsel without requiring ‘the full panoply of procedural protection that the Constitution requires be given to defendants who are in a fundamentally different position-at trial and…”

Gable v. State, 836 S.W.2d 558 (Tenn. 1992). · cites it 4× “In Swanson , we reversed the trial court's dismissal of the pro se petition because the trial court failed to provide the petitioner with the aid of counsel and a reasonable opportunity to amend the petition as required by Tenn. Code Ann. §§ 40-30-107 and 40-30-115.”

Martucci v. State, 872 S.W.2d 947 (Tenn. Crim. App. 1993). · cites it 3× “This court has said that great caution should be exercised in the making of this judgment, and consideration given to the provisions of T.C.A. § 40-30-107, which provides that no dismissal shall be ordered for defects in form or procedure until there has been a counsel-aided,…”

Cole v. State, 798 S.W.2d 261 (Tenn. Crim. App. 1990). · cites it 2× “T.C.A. § 40-30-107. 5 . See State v. Reeves, 610 S.”

State v. Smith, 814 S.W.2d 45 (Tenn. 1991). · cites it 2× “Section 40-30-107 provides: No petition for relief shall be dismissed for failure to follow the prescribed form or procedure until after the judge has given the petitioner reasonable opportunity, with the aid of counsel, to file an amended petition.”

Weatherly v. State, 704 S.W.2d 730 (Tenn. Crim. App. 1985). · cites it 2× “It is apparent that he confuses his application for counsel in this case with the statutory requirement (T.C.A. § 40-30-107) in the post conviction procedure act proscribing dismissal of a petition for failure to follow the prescribed form until a petitioner has a reasonable…”

Show all 104 citing cases →

— Tenn. Code Ann. § 40-30-107(a) — 2 cases

Nehad Sobhi Abdelnabi v. State of Tennessee (Tenn. Crim. App. 2022).

Stacy Dewayne Ramsey v. State of Tennessee (Tenn. Crim. App. 2005).

— Tenn. Code Ann. § 40-30-107(b) — 13 cases

Russell Freels v. State of Tennessee (Tenn. Crim. App. 2016).

Charles Edgar Ledford v. State of Tennessee (Tenn. Crim. App. 2017).

Sara Elizabeth Arnold v. State of Tennessee (Tenn. Crim. App. 2019).

Coy J. Cotham, Jr., AKA Cory J. Cotham v. State of Tennessee (Tenn. Crim. App. 2019).

Mario Hernandez Castillo v. State of Tennessee (Tenn. Crim. App. 2020).

— Tenn. Code Ann. § 40-30-107(b)(1) — 16 cases

Frazier v. State, 303 S.W.3d 674 (Tenn. 2010). “Tenn.Code Ann. § 40-30-107(b)(1) (2006); McCullough v.”

Reid v. State, 197 S.W.3d 694 (Tenn. 2006). “See Tenn.Code Ann. § 40-30-107(b)(1). We decline to read into the Act, however, a statutory right to competency from this right to counsel.”

Lovin v. State, 286 S.W.3d 275 (Tenn. 2009). “Tenn.Code Ann. § 40-30-107(b)(1) (2006). This statutory right applies not only to the proceedings in the trial court but also through the first level of appeal.”

Christopher Locke v. State of Tennessee (Tenn. Crim. App. 2017).

William M. Phillips v. State of Tennessee - concurring (Tenn. Crim. App. 2018).

— Tenn. Code Ann. § 40-30-107(b)(2) — 11 cases

Nehad Sobhi Abdelnabi v. State of Tennessee (Tenn. Crim. App. 2022).

Daetrus Pilate v. State of Tennessee (Tenn. Crim. App. 2018).

Lindsey Brooke Lowe v. State of Tennessee (Tenn. Crim. App. 2024).

Kevin D. Buford v. State of Tennessee (Tenn. Crim. App. 2025).

— Tenn. Code Ann. § 40-30-107(b)(l) — 2 cases

Stokes v. State, 146 S.W.3d 56 (Tenn. 2004). “Tenn.Code Ann. § 40-30-107(b)(l) (2003). However, “a state may give prisoners the assistance of counsel without requiring ‘the full panoply of procedural protection that the Constitution requires be given to defendants who are in a fundamentally different position-at trial and…”

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