Tennessee Code Annotated

Tenn. Code Ann. § 9-8-404 (2026)

Removal of claims - Appeals

✓ current as of May 2026

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(a) Prior to hearing, upon the petition of either party showing the approval of the attorney general and reporter, the claim shall be removed to the appropriate chancery or circuit court with venue for handling in accordance with this part, except the normal procedural rules of the court shall be applicable. Appeal from the chancery or circuit court shall be to the court of appeals.

(b) The commission may transfer the action to the appropriate chancery or circuit court with venue on its own after a determination, in writing, by the commission that fair and complete resolution of all claims involved cannot be accomplished in administrative proceedings before the commission. Such transfers shall be limited to tort claims arising out of the same fact situation where much of the evidence to be presented would be admissible against the state and one (1) or more additional defendants. If such transferred claim is not consolidated for trial, the claim against the state shall be transferred back to the commission. If, prior to the time of trial, all claims other than those against the state have been dismissed, settled or otherwise concluded, upon motion of the state the claim shall be transferred back to the commission. The transferred claim shall be handled in accordance with this part, except the normal procedural rules of the court shall be applicable. Appeal from the chancery or circuit court shall be to the court of appeals.

(c) If the docket for any grand division becomes overloaded in the judgment of the commission chair, the chair may assign one (1) of the other two (2) commissioners to hear some of those claims in that division.

Acts 1984, ch. 972, § 12; 1988, ch. 850, § 2; 1989, ch. 491, §§ 3, 4; 1990, ch. 806, §§ 1, 2.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1991–2025 · leading case: Hungerford v. State, 149 S.W.3d 72 (Tenn. Ct. App. 2003).

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Hungerford v. State, 149 S.W.3d 72 (Tenn. Ct. App. 2003). · cites it 12× “” Tenn.Code Ann. § 9-8-404(b) (1999) (emphasis added).”

Mullins v. State, 294 S.W.3d 529 (Tenn. 2009). · cites it 4× “Mejia would have been transferred to the state court in accordance with Tenn.Code Ann. § 9-8-404 (1999), for a trial with the other defendants.”

Richard Moreno v. City of Clarksville, 479 S.W.3d 795 (Tenn. 2015). · cites it 5× “Tenn. Code Ann. § 9-8-404 (b) (2012). -5- April 14, 2011, approximately sixteen months after the accident, and so concluded that Mr.”

Hawkins v. Tennessee Dep't of Corr., 127 S.W.3d 749 (Tenn. Ct. App. 2002). “§ 9-8-404 (stating that claims against the state filed in the Claims Commission may be removed or transferred to the appropriate court with venue).”

Austin v. State, 831 S.W.2d 789 (Tenn. Ct. App. 1991). · cites it 4× “The case was actually transferred to the circuit court as authorized by T.C.A. § 9-8-404 (Supp.1991), but pursuant to the statute, it was handled by the court "in accordance with the provisions of [the claims commission acts].”

Stewart Title Guar. Co. v. McReynolds, 886 S.W.2d 233 (Tenn. Ct. App. 1994). · cites it 2× “Tenn. Code Ann. § 9-8-404 (a) and (b). Stewart Title argues that this provision violates a separation of powers requirement in the constitution because it gives the claims commission concurrent jurisdiction with the circuit or chancery courts.”

Mark Thomas Church v. Charles Blalock & Sons, Inc., 492 S.W.3d 263 (Tenn. Ct. App. 2015). “Following the filing of various motions in these actions, the claims against TDOT were transferred to the trial court pursuant to Tennessee Code Annotated § 9-8-404(b), and all of the pending claims filed by Mr.”

Allen Mathis v. State of Tennessee (Tenn. Ct. App. 2010). · cites it 12× “continued) Tenn. Code Ann. § 9-8-404 (b) (1999) (emphasis added).”

Russell Wellington v. State (Tenn. Ct. App. 2002). · cites it 10× “Wellington and ordered the entire matter transferred to Davidson County Circuit Court pursuant to Tenn. Code Ann. § 9-8-404 (a) & (b), where “an action is now pending based on the same incident that is the basis for the instant claim.”

Virginia Dodson-Stephens v. Metro. Gov't of Nashville & Davidson Cnty. (Tenn. Ct. App. 2025). · cites it 2× “In the Claims Commission, an agreed order was entered transferring the claim to circuit court to be consolidated for trial with the case pending there pursuant to Tennessee Code Annotated section 9-8-404(b). In the circuit court, an agreed order was entered dismissing the State…”

Josh W. Newell v. Jeff Maitland (Tenn. Ct. App. 2008). · cites it 2× “Nonetheless, Plaintiff argues that he could file his claims in circuit court, relying on Tennessee Code Annotated section 9-8-404, which provides, in part: (a) Prior to hearing, upon the petition of either party showing the approval of the attorney general and reporter, the…”

Shemeka Buford v. State (Tenn. Ct. App. 2003). · cites it 2× “See, Tenn. Code Ann. § 9-8-404 (a). The Circuit Court lost jurisdiction over Ms.”

Show all 17 citing cases →

— Tenn. Code Ann. § 9-8-404(a) — 2 cases

Austin v. State, 831 S.W.2d 789 (Tenn. Ct. App. 1991). “The case was actually transferred to the circuit court as authorized by T.C.A. § 9-8-404 (Supp.1991), but pursuant to the statute, it was handled by the court "in accordance with the provisions of [the claims commission acts].”

Russell Wellington v. State (Tenn. Ct. App. 2002). “Wellington and ordered the entire matter transferred to Davidson County Circuit Court pursuant to Tenn. Code Ann. § 9-8-404 (a) & (b), where “an action is now pending based on the same incident that is the basis for the instant claim.”

— Tenn. Code Ann. § 9-8-404(b) — 6 cases

Hungerford v. State, 149 S.W.3d 72 (Tenn. Ct. App. 2003). “” Tenn.Code Ann. § 9-8-404(b) (1999) (emphasis added).”

Richard Moreno v. City of Clarksville, 479 S.W.3d 795 (Tenn. 2015). “Tenn. Code Ann. § 9-8-404 (b) (2012). -5- April 14, 2011, approximately sixteen months after the accident, and so concluded that Mr.”

Allen Mathis v. State of Tennessee (Tenn. Ct. App. 2010). “continued) Tenn. Code Ann. § 9-8-404 (b) (1999) (emphasis added).”

Virginia Dodson-Stephens v. Metro. Gov't of Nashville & Davidson Cnty. (Tenn. Ct. App. 2025). “In the Claims Commission, an agreed order was entered transferring the claim to circuit court to be consolidated for trial with the case pending there pursuant to Tennessee Code Annotated section 9-8-404(b). In the circuit court, an agreed order was entered dismissing the State…”

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