Tennessee House Bill HB0039

Tennessee 2023-2024 Regular Session

• Introduced: 1/9/23
• Refer: 1/12/23
• Refer: 2/7/23
• Refer: 2/22/23
• Engrossed: 2/28/23
• Enrolled: 3/15/23
• Passed: 3/23/23
• Chaptered: 3/28/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 20, Chapter 12; Title 25 and Title 27, relative to the recovery of costs on appeal.

Impact

The passage of HB 0039 will have significant implications on state laws regarding the financial aspects of legal appeals. It establishes a clearer framework for what constitutes recoverable costs, potentially making it easier for individuals and entities involved in legal disputes to understand their rights related to financial recovery in the appellate process. This could also encourage more parties to pursue appeals, knowing that certain costs are explicitly covered under the law.

Summary

House Bill 0039, aims to amend various sections of the Tennessee Code Annotated, particularly focusing on the costs recoverable on appeal. This bill delineates specific costs that can be claimed by parties when an appeal is filed, which includes expenses such as preparing and transmitting records, obtaining transcripts of evidence or proceedings, and other related fees. By articulating these costs clearly, the legislation is intended to standardize the financial obligations of appellants and streamline the appeals process within the Tennessee judicial system.

Sentiment

The sentiment surrounding HB 0039 appears to be largely positive among legal practitioners and proponents of judicial efficiency. Many view the bill as a necessary step towards clarifying the often-complex financial landscape of legal appeals, which could ultimately lead to a more equitable legal system. However, there may be concerns regarding whether the costs outlined are comprehensive enough to cover all necessary expenses incurred during the appellate process.

Contention

While the bill seems to have garnered support and was passed with a unanimous vote, there may still be points of contention regarding the scope of recoverable costs. Discussions could arise around whether all relevant fees are included or excluded and how these changes might affect access to justice for lower-income individuals or smaller entities that face financial hardships while engaging in legal processes.