Understanding Civil Court Records in Tennessee

Civil court records in Tennessee are documents filed and created by any Tennessee court in accordance with the Tennessee Rules of Civil Procedure. Civil court records in Tennessee are maintained by the judiciary and include hearing notes, case files, summary sheets, register of actions, transcripts, and exhibits produced from civil cases in Tennessee. A civil case is a non-criminal lawsuit designed to resolve conflicts between two or more parties. These "persons" could be individuals, businesses, or other kinds of organizations. Both individuals and court officials value civil court records because they serve as crucial record-keeping instruments that document the entire civil legal process.

As per the Tennessee Code Annotated section 10-7-503(a)(2)(A), civil court records are public records. Accordingly, the public has the right to inspect Civil court records maintained by the courts of Tennessee unless the record is exempted from inspection under the Public Records Act.

Civil Court Record Statistics Reported by Tennessee Courts

Data obtained from the Tennessee annual statistical reports reveal that 105,618 civil cases were filed within chancery, probate, and circuit courts during the 2024 fiscal year. The exact number of civil cases filed within each court includes: circuit courts (44,050), probate courts (6,213), and chancery courts (55,295). Probate/trust matters recorded the largest number of civil filings with 17,785, which is 16.8% of the total civil case filings. Damages and tort civil cases(10,765) contributed to 10.2% of the civil cases filed in Tennessee civil courts.

Some of the other common civil cases filed in Tennessee were divorce with minor children (11,565) and protection orders (12,802). Workers' compensation cases had the least number of filings, with only 28.

How Civil Records Differ from Criminal Records in Tennessee

Although they share similarities, Civil and criminal court records in Tennessee are products of distinct judicial processes. Hence, civil and criminal court records differ in their content, retention periods, and the manner in which they are used. Civil court records are produced during civil lawsuits, while criminal court proceedings are created as a result of criminal cases. Although they are both judicial documents, criminal court records are more closely linked with law enforcement and are sometimes kept as part of law enforcement records.

Additionally, civil and criminal court records contain different information. Criminal records include data such as arrests, Criminal History summaries, and other relevant criminal details that cannot be found in civil case files under any circumstances. Also, due to the shorter statute of limitations on certain civil records, criminal records are typically retained for longer periods by the courts' record management authorities in Tennessee.

Category	Civil Record	Criminal Record
Legal Focus	Settling non-criminal violations and resolving civil conflicts between two or more parties.	Penalizing actions that violate the Tennessee criminal code
Case Titles	Plaintiff v. Defendant	State/Commonwealth v. Defendant
Potential Outcome	Garnishing the guilty parties' bank accounts, monetary compensation, seizure of assets, and settlements.	Community correction orders, jail time, fines, and community service.
Public Access	Generally public	Much more restricted than civil case records. Criminal docket sheets are public, but detailed records are confidential.

Structure of the Civil Court System in Tennessee

Civil courts in Tennessee are not stand-alone courts. Instead, they are embedded in Tennessee's Circuit Courts, Probate Courts, Chancery Courts, General Sessions Courts, Juvenile Courts, and Municipal Courts. The Civil court structure exists as units within the trial courts with their own specialized judges and staff. Each trial court's civil department has jurisdiction over specific types of civil cases. The Table below provides information on the types of cases handled by different trial courts' civil departments:

Court	Type of Civil Cases
Municipal courts (city courts)	Municipal courts in Tennessee are courts of limited jurisdiction, established pursuant to Tennessee Code § 16-18-302 (2024). These courts handle infractions of city ordinances aimed at protecting the public's safety and welfare, such as dogs running at large, overgrown grass, and other similar offenses.
General sessions court	As established in Tennessee Code Title 16. Courts § 16-15-501, General sessions courts in Tennessee have original jurisdiction over civil disputes involving money of less than $25,000. They also handle Orders of Protection, Detainer Warrants (landlord/tenant conflicts), Recovery Warrants, Mental Health Commitments, and Environmental Code Violations.
Chancery court	Chancery courts in Tennessee are courts of equity established under the Tennessee rules of chancery procedure. Civil lawsuits, contract disputes, applications for injunctions, and name changes are just a few examples of the civil matters that chancery courts deal with.
Circuit courts	In Tennessee, circuit courts have broad jurisdiction. Judges of circuit courts deal with appeals of civil judgments from general sessions, municipal, and juvenile courts, as well as civil proceedings. The Tennessee Circuit Court handles civil cases, including workers' compensation, adoptions, and divorces.

Public Access to Civil Court Documents in Tennessee

According to Rule 34 of Tennessee's Supreme Court Rules, civil court documents are designated as public records unless they are made exempt by the state's Public Records Act or any other state/federal laws. Hence, civil court records custodians may provide citizens with court documents upon request only if the requested documents are not expressly exempted from public access.

The goal of the legislation designed to safeguard access to court documents in Tennessee is to maintain the integrity of the record, preserve the parties' right to privacy, and ensure the effective functioning of the courts. For example, unpublished court orders, juvenile records, medical records, and jury information are made confidential because they contain sensitive and private information. However, case files from small claims courts are typically made public, as they offer valuable information without endangering public or personal safety.

All civil court record custodians in Tennessee provide access to court records through the following request channels:

• Online search portals: county court clerks in Tennessee provide access to civil court records from any trial court within their jurisdiction through web search portals. Users may search these portals by providing a party name, case number, and the year the case was filed. Depending on the county's policies, searching these portals may cost anywhere from $3 per search to $350 per month for a subscription. Some Tennessee court clerks even offer these web services at no cost. For example, the Montgomery County Court Clerk and the Blount County Clerk offer free online access to court records.
• Clerk of Court offices: Individuals who cannot access online web services may visit the Clerk's office to obtain court documents. Staff at the clerk's office typically provide requesters with a request form that they must complete with keywords related to the document they need. The request form may also be submitted by mail to the clerk's office.
  
• On-site public terminals: On-site public access computers are available within kiosks at the county courthouses. These terminals serve as online portals, enabling users to search for cases by case number and party name. Public access terminals are also connected to printers that allow people to make copies of the court's immediate records they have searched.

Regardless of the channel used, private and confidential information typically does not appear during record searches.

Types of Civil Cases Filed in Tennessee Courts

The numerous civil cases filed in Tennessee courts may be categorized by the court in which they are filed and the type of civil lawsuit they originated from. Here are a few examples of civil cases that are filed in the state of Tennessee.

• Family law: Family law courts in Tennessee are specialized courts for settling family conflicts. Divorce, child custody, spousal and child support, property division, adoption, paternity, and orders of protection in cases of domestic abuse are all cases that these courts handle. In Tennessee, juvenile, circuit, and chancery courts have authority over family law disputes.
  
• Contract disputes: Contract disputes in Tennessee are civil matters that arise when one party fails to perform an obligation under a valid and enforceable agreement. The aggrieved party has the right to file a civil lawsuit to obtain compensation for the unfulfilled contract. Contract disputes in Tennessee are typically resolved within chancery courts and general sessions courts.
• Torts: A tort occurs when one person causes harm to another person or their property. This harm may be the consequence of deliberate, careless, or liable conduct. Tennessee tort law addresses a range of legal issues, including wrongful death, property damage, and personal injury. Tort cases fall under the legal jurisdiction of chancery and circuit courts.
  
• Property disputes: Property disputes in Tennessee cover a wide range of civil cases, such as boundary disputes, neighbor disputes, farming rights, and adverse possession(property ownership). These cases fall under the legal jurisdiction of chancery courts and general session courts.
  
• Landlord-tenant matters: landlord-tenant cases are common law disputes concerning issues such as rent agreements, evictions, landlord access, and security deposits. The general sessions courts handle these matters under the guidance of the Residential Landlord Tenant Act§ 66-28-101
  
• Probate and estates: Probate and estate administration proceedings are civil lawsuits that involve managing the assets of deceased individuals, including conservatorships, wills, and estates. Probate cases are handled by probate and chancery courts that require special jurisdiction to perform probate processes.
  
• Small claims:.Small claims are civil cases where a plaintiff is suing for $25,000.00 or less, which is regarded as a "small claim" in the state of Tennessee. The General Sessions Civil Court is the name of the small claims court in Tennessee.

Information Captured in Tennessee Civil Court Files

Civil court files in Tennessee are usually uniform in the information they contain. This is done to ensure that court Authorities keep track of the vital information in case of appeals and civil case transfers. Some of the information captured in Tennessee civil court records includes:

• Case title
• Case reference number
• Type of civil case
• Filing date
• Name of parties in the case(plaintiff, defendant, and other third parties)
• Names of attorneys and law firms assigned to the case
• Name of presiding judge
• Case filings (summons, motions, and pleadings)
• Hearing information( date, time, and result)
• Case status
• Fines and pending payments

Retention and Archiving of Civil Court Records in Tennessee

Tennessee's legislative code provides guidelines for retaining and archiving civil court records. During the archiving and retention process, older civil records are categorized into distinct sections based on their type and potential future importance. Obsolete records are destroyed, while vital records are stored in both microfilm and paper format. Records such as briefs, investigatory records, and deposition are retained for three years, while summons pleadings and judges' opinions are retained permanently.

Tennessee courts may also extend the retention periods for civil court documents if they determine that the documents typically have greater usefulness in the future.

The following are time frames for retention of civil court records in Tennessee:

• Small claims and limited civil cases: ~10 years after final judgment
  
• Family law: permanent or long-term
  
• Probate: permanent
  
• Archived cases: may be transferred to state or county archives after an inactive period

Individuals seeking copies of archived civil court records may visit the records department of the county court clerk's office and submit a written request for the records. Most records departments, such as the Blount County Records Management and Archives Department, also permit requests to be made by phone or email.

References and Official Resources

• Tennessee Administrative Office of the Courts: The Tennessee Administrative Office of the Courts is a supervisory body that establishes the legal statutes for all courts in Tennessee.
  
• Tennessee Supreme Court or Judicial Council: The Supreme Court of Tennessee is the state's highest court with the most judicial powers. Tennessee's Supreme Court hears civil appeals from lower state courts. It also interprets Tennessee's and the US Constitution's laws.
  
• County Clerk of Court directory: The clerk of court directory provides the location and contact information of all court clerks' offices in Tennessee.
  
• Online case search system: The central online case search system in Tennessee is a portal that provides access to civil cases from the Supreme Courts and other appellate courts.
  
• Public access or self-help law library: The Tennessee legislative library is the official repository for all research and reference documents related to Tennessee courts.