Tennessee Code Title 8. Public Officers and Employees § 8-21-401

(1) The clerks of courts administering estates shall charge a standard filing fee as set forth below:

(2) The clerks of courts administering estates shall charge the standard costs as set forth below:

(1) The clerks of the criminal courts of record shall charge the standard costs as set forth below:

(2) The clerks may charge a cost of up to one hundred dollars ($100) for expunctions.

(3) Reimbursement from the state is limited to the fees and costs in effect prior to January 1, 2006.

(1) The clerks of the general sessions courts exercising civil jurisdiction shall charge a standard filing fee as set forth below:

(2) When a general sessions court is exercising concurrent civil jurisdiction with a court of record, the clerk shall charge the litigation taxes and costs applicable in courts of record.

(1) The clerks of the general sessions courts exercising criminal jurisdiction shall charge the standard costs as set forth below:

(2) The clerks may charge a cost of up to one hundred dollars ($100) for expunctions.

(3) Reimbursement from the state is limited to the fees and costs in effect prior to January 1, 2006.

(1) The clerks of court shall charge the standard costs as set forth below:

(2) The clerks of court shall charge a cost of ten dollars ($10.00) for each requested continuance.  Of this cost, the clerk shall deposit five dollars ($5.00) into the county general fund to be used exclusively for the purposes of providing security and enhancing the security of court facilities in the county.  For each fiscal year, the court security committee, created by § 16-2-505(d)(2), shall develop and submit recommendations to the county legislative body regarding how such funds must be utilized.  The clerk shall collect the costs for continuances at the conclusion of the judicial proceeding.  If multiple litigants request a continuance, the judge may assess the costs to one (1) or more parties.

(3) For receiving funds paid into the court's registry on confirmation of private sales or other funds paid into the court's registry pursuant to court order, and collecting and paying out the proceeds, the cost is fifty dollars ($50.00).  This cost also applies where there is a pre-judgment judicial attachment or similar process to bring property into the court's possession prior to judgment.  This cost shall not apply to payments of proceeds made pursuant to court order to any person from funds held by the clerk, except for court orders concerning a redemption of delinquent taxes property sale;  in such case, the fee must only be charged one (1) time against the total amount of proceeds generated from the sale of the property.

(4) The clerks have the authority to invest idle funds held under their control, not otherwise invested.  The clerk shall invest such funds in financial institutions operating under the laws of the state or under the laws of the United States;  provided, that such deposits are insured under the federal deposit insurance corporation.  Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool.  The clerk may invest funds in the local government investment pool administered by the state treasurer.  The earnings on such investments must become part of the costs of the clerk and the clerk shall account for earnings received the same as with other costs received.  As used in this subdivision (i)(4), “idle funds” means those funds the clerk holds pursuant to statute, local rules of court, or a court order that does not specifically direct the clerk to invest the funds.  This subdivision (i)(4) does not relieve the clerks from the responsibility of investing funds held under their control pursuant to court order or local rules of court directing the clerk to invest funds, and the earnings on those investments must accrue to the benefit of those directed by the court or by agreement of the parties to the judicial proceeding.

(5) Whenever the clerk is required by law or by a court to send documents by certified or registered mail, the clerk is entitled to recover the clerk's actual costs for mailing the documents.

(6) For the purposes of determining the filing fees of the clerk, when any party files a third-party complaint, counter-complaint, or cross-complaint, the party filing the third-party complaint, counter-complaint, or cross-complaint must be charged the same filing fee as was charged at the initiation of the original judicial proceeding.

(1) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule and is in compliance with technological standards established by the supreme court, clerks may assess a transaction fee for each filing submitted by a party to the judicial proceeding.  The transaction fee is limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty dollars ($50.00) per judicial proceeding.  As an alternative to a transaction fee, clerks may assess an annual subscription fee for each registered user of the electronic filing system.  The subscription fee permits the registered user unlimited electronic filings for a one-year period.  The one-year period must be defined by the clerk and must be consistently maintained for all registered users of the electronic filing system.  The annual subscription fee shall not exceed three hundred dollars ($300) for each annual period.  Each of these fees must be set in an amount necessary to defray the expenses associated with implementation and maintenance of the electronic filing and document retrieval system and must be included in the local court rule authorizing it.  Pursuant to subsection (I), these fees shall not be assessed against the state.

(2) Pursuant to subsection (m), neither the transaction fee nor the subscription fee must be assessed to a party declared indigent or to that indigent party's legal representative.

(3) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule, the state and any department or contractor of the state is not required to file documents electronically, notwithstanding any local court rule.

(4) Neither the electronic filing transaction fee or subscription fee limit a clerk's statutory authority to charge subscription fees or transaction fees for obtaining copies of documents maintained by the clerk as part of an electronic filing system of a separate document management system.