A general overview of how civil cases move through Tennessee courts
Call (931) 552-6000A civil lawsuit is a case in which one person or business asks a court to resolve a dispute, usually by awarding money or by ordering someone to act or stop acting. Civil cases are different from criminal cases, in which the government prosecutes a person for a crime. Common civil disputes include contract disagreements, property and boundary conflicts, collection of debts, landlord and tenant disagreements, and claims between family members over property or an estate. Marks, Shell & Maness handles general civil litigation, and our attorneys work in the state courts of the counties around Clarksville.
Tennessee has several trial courts that hear civil matters. General Sessions Courts handle smaller cases within a dollar limit that varies by county. Circuit Courts are courts of general jurisdiction, and they hear larger civil cases and appeals from General Sessions. Chancery Courts handle cases in equity and matters assigned to them by law, including probate, divorce, real estate disputes and contract and debt cases. The jurisdiction of Circuit and Chancery Courts often overlaps. In many counties, the Circuit Court Clerk also serves as clerk of General Sessions and Juvenile Courts.
Every kind of civil claim has a time limit. In Tennessee, claims for injuries to the person are generally subject to a one-year limit, claims for injury to property to a three-year limit, and most contract claims to six years. Other claims have different periods, and some, like those under the construction statute of repose, run from specific events. These limits are strictly enforced, and the clock may start before you realize a claim exists. Anyone who may have a claim, or who has been served with one, should act promptly. This page does not address every type of claim, and the firm does not list every type of case in its practice areas, so please call to ask whether we can help with your matter.
A typical lawsuit begins with a complaint or warrant, followed by an answer, and then a period of discovery, in which each side requests documents and information and takes testimony. Many cases settle or go to mediation. Cases that do not settle are decided at a trial, either by a judge or a jury, and the result can be appealed. The process takes months or longer, and it can be expensive, so a candid look at the costs and benefits is important at the start.
Specific kinds of disputes are covered on other pages, including business litigation, construction disputes, estate litigation, and family law. Roger A. Maness has practiced since 1980 and is licensed in Tennessee and Kentucky. We explain risks before a case is filed.
Our only office is in Clarksville, and we handle matters for clients in Montgomery County (Clarksville), Stewart County (Dover), Houston County (Erin), Robertson County (Springfield), and Cheatham County (Ashland City). Where a lawsuit may be filed depends on where the parties live, where the events happened and what any contract says, so we look at venue first.
Call to schedule a consultation about a civil dispute.
Office: 233 Dunbar Cave Road, Suite A, Clarksville, TN 37043 · Monday–Friday, 8:30 AM–5:00 PM
Email: [email protected] · Fax: (931) 645-1890
Contacting the firm does not create an attorney–client relationship. Please do not send confidential information until a relationship has been established. General information on this page is not legal advice, and every situation is different. Past matters do not predict the outcome of any future matter.