Amends TCA Title 27; Title 29 and Title 66.

FORCIBLE ENTRY AND DETAINER<br /> <br /> Present law prohibits a person from entering upon any lands, tenements, or other possessions, and detaining or holding such property, but where entry is given by law, and then only in a peaceable manner. Present law authorizes all cases of forcible entry and detainer, forcible detainer, and unlawful detainer to be tried before any one judge of the court of general sessions of the county in which the acts are committed, who must decide the particular case, and all questions of law and fact arising. Additionally, present law authorizes the action for the recovery of the possession of land, given in the law relevant to forcible entry and detainer, to also be originally instituted in the circuit court.<br /> <br /> POSTPONEMENT OF TRIAL<br /> <br /> Present law authorizes the general sessions judge to, at the request of either party, and on good reason being assigned, postpone the trial to any time not exceeding 15 days. The postponement must not be for a longer period of time unless agreed upon by the parties, no civil court is being conducted, or upon request of the plaintiff, the party making the application for postponement paying the costs. This bill changes the present law by authorizing the general session judge to postpone the trial to any time not exceeding seven day days. <br /> <br /> APPEAL<br /> <br /> Present law provides that an appeal also exists in suits commenced before general sessions judges within the 10 days allowed by existing law, as in other cases. If the defendant is the appellant, then bond must be given as required in the case of a certiorari. This bill revises present law by providing, instead, that if the defendant is the appellant, then bond must be given as required by law.<br /> <br /> CERTIORARI AND SUPERSEDEAS TO CIRCUIT COURT<br /> <br /> Present law authorizes the appeal proceedings in actions involving forcible entry and detainer to, within 30 days after the rendition of judgment, be removed to the circuit court by writs of certiorari and supersedeas, which it is the duty of the judge to grant, upon petition, if merits are sufficiently set forth, and to require from the applicant a bond, with security sufficient to cover all costs and damages; and, if the defendant is the applicant in the appeal, then the bond and security must be of sufficient amount to cover, besides costs and damages, the value of the rent of the premises during the litigation.<br /> <br /> This bill replaces the present law and, instead, prohibits the proceedings to such actions from being removed to circuit court by writs of certiorari and supersedeas. In such proceedings, a party seeking de novo review may appeal in accordance with the law regarding appeal from general sessions court, the law regarding appeal relevant to forcible entry and detainer, or the law regarding bond, cash deposit, or letter of credit pending appeal for an immediate execution of writ of possession relevant to forcible entry and detainer.<br />