2018 Tennessee Code
Title 29 - Remedies and Special Proceedings
Chapter 21 - Habeas Corpus
§ 29-21-106. Habeas corpus proceedings in municipal courts, corporation courts and courts of general session jurisdiction.

Universal Citation: TN Code § 29-21-106 (2018)
  • (a) The judges of the municipal courts or corporation courts and/or the judges of the courts of general sessions of the state of Tennessee are hereby vested with the jurisdiction to grant the writ of habeas corpus in all cases wherein any person is being unreasonably held or detained by any municipal official or authority without a warrant of arrest having been issued prior to such detention and against whom no formal charges have been made or placed and who has not been taken before a committing magistrate.

  • (b) The petition for such writ of habeas corpus shall be sworn to and shall recite generally that the petitioner is presently being detained without charges; that the petitioner is being held by municipal authorities and/or officials; that petitioner was arrested without a warrant and has not been docketed or charged with any offenses and has not been brought before a committing magistrate.

  • (c) It is the expressed intention of the general assembly to confer on the municipal or corporation courts and general sessions courts of this state, and the judges thereof, the jurisdiction to inquire into the detention of any person being held by municipal authorities and/or officials wherein no warrant for arrest has been issued or any formal charges have been made.

  • (d) No application for habeas corpus made under this section shall be required to be brought pursuant to § 29-21-105, it being the legislative intent that habeas corpus petitions pursuant to this section shall not be required to be brought before the general sessions or municipal courts but that such petitions may be permitted to be brought before such courts.

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