8-8-108 - Deputies acting during vacancy Appointment of persons to serve process Legislative adoption of service of process alternatives.
8-8-108. Deputies acting during vacancy Appointment of persons to serve process Legislative adoption of service of process alternatives.
(a) (1) In case of a vacancy in the office of sheriff, the deputies, or other authorized process servers except in counties specified in subdivision (a)(2), shall execute legal process in their hands as if the sheriff had continued in office, and shall be liable under the provisions of law as in other cases.
(2) The provisions of subdivision (a)(1) relative to other authorized process servers shall not apply in the counties having a population of:
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according to the 1980 federal census or any subsequent census.
(b) (1) The judge of a court of record or a general sessions judge may, upon petition filed by five (5) attorneys practicing before the court that they are unable to obtain reasonably prompt service of process from the court, appoint a person of legal age to serve any process or other papers, original or final, issued by the court, or do any act therein which the sheriff by law might do in any cause, except that such person shall not be authorized to serve process requiring the arrest of any person.
(2) Such appointment shall be made in writing under the hand of the judge and filed with the clerk of the court.
(3) The person so appointed shall have the same power conferred upon such person and proceed in the same manner prescribed by law for the sheriff in the performance of like duties.
(4) The fees payable to such person shall be the same as those paid to the sheriff by virtue of provisions of the law in that behalf for like service, and limited as deputy sheriff fees are limited. However, in any county having a population of seven hundred seventy thousand (770,000) or more according to the 1980 federal census or any subsequent federal census, such fees shall not be counted as court costs, but shall be awarded by the court as a part of the judgment.
(5) Such judge shall require the person so appointed, before acting, to give bond to the state of Tennessee for the benefit of the people of the state in the penal sum of five thousand dollars ($5,000) with such surety or sureties as such judge may approve, conditioned for the faithful performance and execution by such person of such person's duties and for the payment of all moneys that may come into such person's hands by virtue of such appointment. In any county having a population of seven hundred seventy thousand (770,000) or more according to the 1980 federal census or any subsequent federal census, the person so appointed shall be required to give bond to the state of Tennessee for the benefit of the state in a penal sum of fifteen thousand dollars ($15,000) with such surety or sureties as the judge may approve, conditioned for the faithful performance and execution by such person of such person's duties and for the payment of all moneys that may come into such person's hands by virtue of such appointment.
(6) All process or papers served by the person appointed as provided in this subsection (b) shall be evidenced by the affidavit of such person making such service.
(7) Every person appointed as provided in this subsection (b) shall be liable in all respects to the provisions of the law as respecting sheriffs so far as same may be applicable.
(8) In any county having a population of seven hundred seventy thousand (770,000) or more according to the 1980 federal census or any subsequent federal census:
(A) The collection of fees for such private process service shall be solely the responsibility of the person serving the process;
(B) The judges of the courts of general sessions shall promulgate rules of court to govern the application of this subsection (b) in their county; and
(C) These rules established by the court shall include, but not be limited to, a requirement that the process server shall have a computer capability approved by the general sessions court clerk.
(9) In counties having a home rule charter form of government and where private process servers are appointed in general sessions court, the maximum fees allowed shall be established by an ordinance of the county board of commissioners. The provisions of this subdivision (b)(9) shall not be in effect unless ratified by a two-thirds (2/3) vote of the board of commissioners of any such home rule county.
(c) (1) A person to serve process shall be appointed upon the petition of five (5) attorneys practicing before the general sessions court requesting appointment of persons to serve process. Such petition shall be filed with the county clerk and shall attest to the fact that the attorneys are unable to obtain reasonable, prompt service from the general sessions court. A person requesting appointment to serve process must file a petition with the county clerk requesting such appointment. A person appointed to serve process must be of legal age and be qualified to serve any process or other papers issued by the general sessions court or to do any act which the sheriff might do in serving process, except that such person shall not be authorized to serve process requiring the arrest of any person. The county clerk shall approve the petition to allow a person to serve process after a background check by the Tennessee bureau of investigation and the county sheriff's office has been completed. The county clerk shall administer an oath to the petitioner to uphold the laws of this state and the constitutions of the United States and Tennessee. A petitioner shall pay a fee not to exceed one hundred dollars ($100) to the county clerk for the cost of the background checks.
(2) Such appointment shall be made in writing under the hand of the county clerk.
(3) The person so appointed shall have the same power conferred upon such person and proceed in the same manner prescribed by law for the sheriff in the performance of like duties.
(4) The fees payable to the person appointed to serve process shall be counted as court costs.
(5) The person so appointed shall be required to give bond to the state of Tennessee for the benefit of the state in a penal sum of fifteen thousand dollars ($15,000) with such surety or sureties as the county clerk may approve, conditioned for the faithful performance and execution by such person of that person's duties and for the payment of all moneys that may come into that person's hands by virtue of such appointment.
(6) All process or papers served by the person appointed as provided in this subsection (c) shall be evidenced by the affidavit of such person making such service.
(7) Every person appointed as provided in this subsection (c) is liable in all respects to the provisions of the law as respecting sheriffs so far as it may be applicable.
(8) (A) The collection of fees for such private process service is solely the responsibility of the person serving the process;
(B) The county clerk has the power to suspend any person appointed to serve process who has violated the state or city laws governing the laws pertaining to civil process; and
(C) The process server shall have computer capability approved by the general sessions court clerk.
(9) The maximum fees allowed pursuant to this subsection (c) shall be established by ordinance of the county legislative body of any county to which this subsection (c) applies. The provisions of this subdivision (c)(9) shall not be in effect unless ratified by a two-thirds (2/3) vote of the legislative body of any county to which this subsection (c) applies.
(10) Notwithstanding the provisions of subsection (b), the provisions of this subsection (c) apply only to counties with a charter form of government with a population in excess of eight hundred thousand (800,000) according to the 1990 federal census or any subsequent federal census, and only upon the adoption of this subsection (c) by a two-thirds (2/3) vote of the legislative body of any county to which it applies.
(d) (1) Notwithstanding the language of subsections (b) and (c) to the contrary, any county may adopt, by a two-thirds (2/3) vote of its legislative body, either the provisions of subsection (b) or (c) to govern the service of process in courts of general sessions in such county.
(2) Upon the adoption of either subsection by the county legislative body, the presiding officer of such body shall certify such adoption to the secretary of state and shall specify the subsection such county adopted. Upon receiving such certification, the secretary of state shall notify the presiding general sessions court judge of the county or the county clerk, whichever is appropriate, of such county's adoption of the appropriate subsection.
[Code 1858, § 370; Shan., § 460; Code 1932, § 707; Acts 1968, ch. 530, §§ 1-3; T.C.A. (orig. ed.), § 8-809; Acts 1987, ch. 338, §§ 1, 3-5; 1989, ch. 97, § 1; 1989, ch. 415, §§ 1-4; 1990, ch. 710, § 1; 1991, ch. 352, § 1; 1993, ch. 426, § 1; 1994, ch. 991, §§ 2, 3.]