Tennessee Code Annotated
Tenn. Code Ann. § 40-38-105 (2026)
Criminal cases - Prompt disposal - Priority of cases involving crimes against the person
✓ current as of May 2026
- (a) All parties affected by a criminal offense, including the victim, survivors of the victim and witnesses to the offense, shall be able to expect that the operation of the criminal justice system will not be unnecessarily delayed and that they will be able to return to normal lives as soon as possible. To this end, all persons involved in the criminal justice system shall make every effort to dispose of any charges against a defendant within one hundred eighty (180) days of the date of the defendant's indictment and, in those cases in which the defendant is charged with a crime of violence involving death or serious bodily injury to a victim, all applications for continuance of any court date by any party shall be in writing setting out the reasons for the continuance. If, at any time during the proceeding, the court grants a continuance to the defendant and the defendant is not represented by an attorney, the court shall file an order in the records setting out the reasons why the court granted the continuance. If, for any reason, the case is not tried or otherwise disposed of in one hundred eighty (180) days of the indictment, the court shall set out in a certificate the reasons why the case is still pending before the court.
- (b) All parties affected by a criminal offense shall be able to expect that cases involving crimes against the person are given judicial and prosecutorial priority over cases involving property crimes.
Acts 1990, ch. 957, § 5; 1993, ch. 527, §§ 5, 6, 12.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2024–2025 · leading case: Thomas Edward Clardy v. State of Tennessee (Tenn. 2024).
Thomas Edward Clardy v. State of Tennessee (Tenn. 2024). “” Tenn. Code Ann. § 40-38-105 (a). For this reason, the tolling exception to the statute of limitations for writs of error coram nobis should be no broader than is needed to accommodate the requirements of due process.”
State of Tennessee v. Pervis Tyrone Payne (Tenn. 2025). “will be able to return to normal lives as soon as possible,” Tenn. Code Ann. § 40-38-105 (a) (2025); see also Clardy v.”
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