Tennessee Code Annotated
Tenn. Code Ann. § 41-4-106 (2026)
Filing of process
✓ current as of May 2026
The mittimus or process by which any prisoner is committed or discharged from jail, or an attested copy of the mittimus or process, shall be regularly filed in its order and safely kept by the sheriff, or jailer, under the sheriff's direction.
Code 1858, §5401; Shan., § 7376; Code 1932, § 11985; T.C.A. (orig. ed.), § 41-1106.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2000–2023 · leading case: State of Tennessee v. Jerry Reginald Burkes (Tenn. Crim. App. 2018).
State of Tennessee v. Jerry Reginald Burkes (Tenn. Crim. App. 2018). “A mittimus is directory in nature; it is not a judgment and does not require a judge’s signature.”
State of Tennessee v. Charles Lawson (Tenn. Crim. App. 2022). “T.C.A. § 41-4-106. A mittimus is an “affidavit[] to the sheriff or jailer as to the defendant’s sentence,” and is “essentially directory in nature.”
Alexander Stratienko v. Lisa Stratienko (Tenn. Ct. App. 2023). “T.C.A. § 41-4-106. A mittimus is an “affidavit[] to the sheriff or jailer as to the defendant’s sentence,” and is “essentially directory in nature.”
Jack P. Carr v. David Mills, Warden (Tenn. Crim. App. 2000). “See Tenn. Code Ann. § 41-4-106 . A mittimus serves to direct the jailer or sheriff as to a prisoner’s -2- commitment or discharge and is kept by the sheriff, or jailer, under the sheriff’s direction.”
Clifford L. Taylor v. State of Tennessee (Tenn. Crim. App. 2005). “See Tenn. Code Ann. § 41-4-106 . A mittimus serves to direct the jailer or sheriff as to a prisoner’s commitment or discharge and is kept by the sheriff, or jailer, under the sheriff’s direction.”
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