Understanding Tennessee Courts: How It Works Part 2
In Memphis, the largest volume of both civil and criminal cases are filed in General Sessions Court. Trial lawyers in Tennessee find that the exact nature of the cases that are handled in this Court, may vary from county to county. In Shelby County, because of the volume, the General Sessions Court has been divided into two different sections both of which are managed by one Clerk of the Court, Mr. Otis Jackson. However, in other areas of Tennessee most of the cases are handled by a unified General Sessions Judge and Court.
Shelby County General Sessions Civil Division handles lawsuits involving less than $25,000.00 in controversy as well as having the exclusive duty to hear actions to change the possession of real estate. These actions are called Forcible Entry and Detainer actions or FED for short. Emergency commitments are also heard here. This court is located in the Shelby County Courthouse at 140 Adams.
The Shelby County General Sessions Criminal Division decides misdemeanors, felony arraignments and preliminary hearings. An arraignment is a hearing to determine, generally speaking, if a person has counsel and to set bond. A preliminary hearing is to determine if a crime has been committed and if the accused, more probably than not, committed the crime. this court is located at the Criminal Justice Center at 201 Poplar.
If this finding is made, then the case moves to Shelby County Criminal Court for final resolution. However, a preliminary hearing can be waived by the accused.This is sometimes done as a part of an insanity defense.All of the hearings in both Divisions of court are heard by a judge who is sitting without a jury. As this is the court that most of us will be touched by at least once in our adult lives, close attention should be given to the judicial candidates at each election.
