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William Cain Law

General Sessions versus Circuit Court in Tennessee


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In Tennessee, the judicial system is structured with various levels of courts, each with specific jurisdictions and functions. Two of the primary courts where cases are heard are General Sessions Court and Circuit Court. Here’s a detailed look at the differences between these two courts:


General Sessions Court


  • Jurisdiction

    • Criminal Cases: Handles preliminary hearings for felony cases, misdemeanor offenses, traffic violations, and other lesser criminal matters.

    • Civil Cases: Handles civil disputes where the amount in controversy does not exceed $25,000.

  • Function

    • Preliminary Hearings: Conducts preliminary hearings for felony charges to determine if there is enough evidence to bind the case over to the grand jury.

    • Trial Court for Misdemeanors: Conducts trials for misdemeanor offenses where the defendant can plead guilty or not guilty.

    • Civil Matters: Resolves small claims, landlord-tenant disputes, contract disputes, and other civil matters within its jurisdictional limit.

  • Judges - Judges in General Sessions Court are elected to serve eight-year terms. They often handle a high volume of cases and make quick determinations on preliminary matters.

  • Appeals - Decisions in General Sessions Court can be appealed to the Circuit Court for a de novo hearing (a new trial).

  • Informality - Proceedings in General Sessions Court are generally more informal and faster-paced compared to higher courts.


Circuit Court


  • Jurisdiction

    • Criminal Cases: Has jurisdiction over felony trials and can also handle misdemeanor appeals from General Sessions Court.

    • Civil Cases: Handles civil cases involving larger amounts of money (over $25,000) and more complex civil litigation.

    • Family Law: Manages divorce, child custody, child support, and other family law matters, although these may also be handled by Chancery Court depending on the county.

  • Function

    • Trial Court for Felonies: Conducts trials for felony offenses, including jury trials.

    • Appellate Function: Acts as an appellate court for cases appealed from General Sessions Court.

    • Complex Civil Cases: Deals with significant civil cases, including personal injury, medical malpractice, and complex commercial disputes.

  • Judges - Circuit Court judges are also elected for eight-year terms. They handle more complex and longer trials than those in General Sessions Court.

  • Procedures - Proceedings in Circuit Court are more formal, with strict adherence to procedural rules and evidence. This court often involves longer trials and more detailed legal arguments.

  • Appeals - Decisions in Circuit Court can be appealed to the Tennessee Court of Appeals (for civil cases) or the Tennessee Court of Criminal Appeals (for criminal cases). Further appeals can go to the Tennessee Supreme Court.


Key Differences

  • Types of Cases

    • General Sessions Court: Handles less severe criminal cases, preliminary hearings for felonies, and civil cases with lower monetary value.

    • Circuit Court: Handles more severe criminal cases, civil cases with higher monetary value, and appeals from General Sessions Court.

  • Formality and Complexity

    • General Sessions Court: More informal and quick proceedings.

    • Circuit Court: More formal with longer, more complex trials.

  • Appeal Process

    • General Sessions Court: Appeals go to Circuit Court for a new trial.

    • Circuit Court: Appeals go to higher appellate courts in Tennessee.


Understanding these differences helps in navigating the legal system and knowing which court will handle a particular case in Tennessee.


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