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Tenn. Code Ann. § 16-1-105

This is the official text of Tenn. Code Ann. § 16-1-105, part of Tennessee’s Code Ann — part of the compiled statutory law of Tennessee, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.

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Holding court outside of courthouse or in courthouse or room outside county seat

Official statutory text

(a) (1) If for any cause, in the opinion of the court deemed sufficient, it is impracticable or inconvenient for any court to hold its session at the courthouse, or place designated by law, it shall be lawful for the court to hold its session, or any part of its session, at any other room within the limits of the county seat, or at any other room open to the public within an institution of the department of correction or the department of children's services if the court deems it necessary, and all its proceedings at such place, whether in civil or criminal cases, are as valid as if done at the courthouse. (2) (A) It is lawful for the court to temporarily hold its session, or any part of its session, in a courthouse or other room located outside the county seat if: (i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster; (ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable; (iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and (iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice. (B) If the presiding judge of the judicial district determines the requirements of subdivision (a)(2)(A) have been met, the presiding judge will consult with the person who schedules events and proceedings at the location outside the county seat to determine dates when the courthouse or room outside the county seat is available for use. (C) When the courthouse, or place designated by law, within the county seat is ready for use, judicial proceedings must be returned to the courthouse of the county seat, unless a trial is in progress at the time the courthouse within the county seat is ready for use and all parties involved agree to keep the matter in the courthouse or room outside the county seat until the conclusion of the case. (D) All proceedings held pursuant to this subdivision (a)(2) in a courthouse or other room located outside the county seat, whether civil or criminal cases, are as valid as if done at the courthouse within the county seat. (E) Nothing in this subdivision (a)(2) allows: (i) The direct or indirect relocation of the county seat; or (ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C). (F) As used in this subdivision (a)(2), "natural disaster" has the same meaning as defined in § 4-31-803 . (b) Nothing in this section shall be construed as preventing or prohibiting a county that has constructed a criminal justice building or facility, or that uses a building or facility, that is not located within the limits of the county seat, from holding criminal court in that building or facility; provided, that it is located within the limits of the county. If the building or facility is used to hold criminal court, a defendant may be indicted, prosecuted, tried and convicted in that building or facility as if done at the courthouse. Amended by 2020 Tenn. Acts, ch. 805, s 1, eff. 7/15/2020. Code 1858, § 4096 (deriv. Acts 1835-1836, ch. 6, § 7; 1835-1836, ch. 18, § 13); Shan., § 5908; Code 1932, § 10108; modified; T.C.A. (orig. ed.), § 16-105; Acts 1985 (1st E.S.), ch. 12, § 1; 1989, ch. 278, § 28; 1996, ch. 1079, § 30; 2006, ch. 630, § 2.
rosecuted, tried and convicted in that building or facility as if done at the courthouse. Amended by 2020 Tenn. Acts, ch. 805, s 1, eff. 7/15/2020. Code 1858, § 4096 (deriv. Acts 1835-1836, ch. 6, § 7; 1835-1836, ch. 18, § 13); Shan., § 5908; Code 1932, § 10108; modified; T.C.A. (orig. ed.), § 16-105; Acts 1985 (1st E.S.), ch. 12, § 1; 1989, ch. 278, § 28; 1996, ch. 1079, § 30; 2006, ch. 630, § 2.
(a) (1) If for any cause, in the opinion of the court deemed sufficient, it is impracticable or inconvenient for any court to hold its session at the courthouse, or place designated by law, it shall be lawful for the court to hold its session, or any part of its session, at any other room within the limits of the county seat, or at any other room open to the public within an institution of the department of correction or the department of children's services if the court deems it necessary, and all its proceedings at such place, whether in civil or criminal cases, are as valid as if done at the courthouse. (2) (A) It is lawful for the court to temporarily hold its session, or any part of its session, in a courthouse or other room located outside the county seat if: (i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster; (ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable; (iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and (iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice. (B) If the presiding judge of the judicial district determines the requirements of subdivision (a)(2)(A) have been met, the presiding judge will consult with the person who schedules events and proceedings at the location outside the county seat to determine dates when the courthouse or room outside the county seat is available for use. (C) When the courthouse, or place designated by law, within the county seat is ready for use, judicial proceedings must be returned to the courthouse of the county seat, unless a trial is in progress at the time the courthouse within the county seat is ready for use and all parties involved agree to keep the matter in the courthouse or room outside the county seat until the conclusion of the case. (D) All proceedings held pursuant to this subdivision (a)(2) in a courthouse or other room located outside the county seat, whether civil or criminal cases, are as valid as if done at the courthouse within the county seat. (E) Nothing in this subdivision (a)(2) allows: (i) The direct or indirect relocation of the county seat; or (ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C). (F) As used in this subdivision (a)(2), "natural disaster" has the same meaning as defined in § 4-31-803 .
(1) If for any cause, in the opinion of the court deemed sufficient, it is impracticable or inconvenient for any court to hold its session at the courthouse, or place designated by law, it shall be lawful for the court to hold its session, or any part of its session, at any other room within the limits of the county seat, or at any other room open to the public within an institution of the department of correction or the department of children's services if the court deems it necessary, and all its proceedings at such place, whether in civil or criminal cases, are as valid as if done at the courthouse.
the court to hold its session, or any part of its session, at any other room within the limits of the county seat, or at any other room open to the public within an institution of the department of correction or the department of children's services if the court deems it necessary, and all its proceedings at such place, whether in civil or criminal cases, are as valid as if done at the courthouse.
(2) (A) It is lawful for the court to temporarily hold its session, or any part of its session, in a courthouse or other room located outside the county seat if: (i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster; (ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable; (iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and (iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice. (B) If the presiding judge of the judicial district determines the requirements of subdivision (a)(2)(A) have been met, the presiding judge will consult with the person who schedules events and proceedings at the location outside the county seat to determine dates when the courthouse or room outside the county seat is available for use. (C) When the courthouse, or place designated by law, within the county seat is ready for use, judicial proceedings must be returned to the courthouse of the county seat, unless a trial is in progress at the time the courthouse within the county seat is ready for use and all parties involved agree to keep the matter in the courthouse or room outside the county seat until the conclusion of the case. (D) All proceedings held pursuant to this subdivision (a)(2) in a courthouse or other room located outside the county seat, whether civil or criminal cases, are as valid as if done at the courthouse within the county seat. (E) Nothing in this subdivision (a)(2) allows: (i) The direct or indirect relocation of the county seat; or (ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C). (F) As used in this subdivision (a)(2), "natural disaster" has the same meaning as defined in § 4-31-803 .
(A) It is lawful for the court to temporarily hold its session, or any part of its session, in a courthouse or other room located outside the county seat if: (i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster; (ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable; (iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and (iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice.
e the courthouse is temporarily unusable; (iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and (iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice.
(i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster;
(ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable;
(iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and
(iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice.
(B) If the presiding judge of the judicial district determines the requirements of subdivision (a)(2)(A) have been met, the presiding judge will consult with the person who schedules events and proceedings at the location outside the county seat to determine dates when the courthouse or room outside the county seat is available for use.
(C) When the courthouse, or place designated by law, within the county seat is ready for use, judicial proceedings must be returned to the courthouse of the county seat, unless a trial is in progress at the time the courthouse within the county seat is ready for use and all parties involved agree to keep the matter in the courthouse or room outside the county seat until the conclusion of the case.
(D) All proceedings held pursuant to this subdivision (a)(2) in a courthouse or other room located outside the county seat, whether civil or criminal cases, are as valid as if done at the courthouse within the county seat.
(E) Nothing in this subdivision (a)(2) allows: (i) The direct or indirect relocation of the county seat; or (ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C).
(i) The direct or indirect relocation of the county seat; or
(ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C).
(F) As used in this subdivision (a)(2), "natural disaster" has the same meaning as defined in § 4-31-803 .
(b) Nothing in this section shall be construed as preventing or prohibiting a county that has constructed a criminal justice building or facility, or that uses a building or facility, that is not located within the limits of the county seat, from holding criminal court in that building or facility; provided, that it is located within the limits of the county. If the building or facility is used to hold criminal court, a defendant may be indicted, prosecuted, tried and convicted in that building or facility as if done at the courthouse.
Amended by 2020 Tenn. Acts, ch. 805, s 1, eff. 7/15/2020.
Code 1858, § 4096 (deriv. Acts 1835-1836, ch. 6, § 7; 1835-1836, ch. 18, § 13); Shan., § 5908; Code 1932, § 10108; modified; T.C.A. (orig. ed.), § 16-105; Acts 1985 (1st E.S.), ch. 12, § 1; 1989, ch. 278, § 28; 1996, ch. 1079, § 30; 2006, ch. 630, § 2.

Status: in_force

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.