TennesseeHB 0487114th General Assembly (2025-2026)HouseWALLET

AN ACT to amend Tennessee Code Annotated, Title 8; Title 18; Title 55 and Title 67, relative to court clerks.

Sponsored By: Sponsor information unavailable

Signed by Governor

Clerks, Court

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 1 benefits, 6 costs, 3 mixed.

Filing fees reserve money for court technology

Beginning January 1, 2026, clerks set aside $7 from each standard filing fee for technology expenses. This is part of the filing fee, not an extra $7 charge. Clerks can use the money only for technology and necessary related expenses. Unspent money stays available for those purposes instead of returning to the general fund at year-end.

Clerk service charges add court costs

Beginning January 1, 2026, clerk commissions include 5% on specified receipts and payments, or 10% in counties over 700,000 people under the law’s census rule. Listed commissions also include 6.75% on litigation taxes, 3% on court-ordered property sales, and 5% of investment earnings. Service charges include $10 per subpoena, $25 per post-judgment occurrence, $75 to reopen a case, and $300 for an appeal record. Certain court-ordered registry deposits carry a $50 administrative cost, subject to two statutory exclusions; delinquent-property-tax sales pay it once against total proceeds. Clerks may also recover actual required certified or registered mailing costs, and delinquent-property-tax filing costs apply per parcel.

Court delays cost litigants ten dollars

Beginning January 1, 2026, each requested continuance costs $10, collected when the court case ends. When several litigants request a delay, the judge may assign the charge to one or more parties. The clerk deposits $5 of each charge into the county general fund exclusively for court-facility security improvements. The county court security committee recommends how to use that money each year.

Rising filing fees for civil and estates

Beginning January 1, 2026, Tennessee sets civil and estate court fees by case type and year. General civil filings, probate estates, conservatorships, and guardianships cost $275 in 2026, $300 in 2027, and $325 in 2028. Divorces with minor children cost $250, $275, and $300; those without minor children cost $175, $200, and $225. Other listed civil filing fees range from $42 to $250, and other estate filing fees range from $50 to $200. Listed estate service costs stay at $7–$75 through 2028; the State Court Clerks Association must report on possible fee increases by December 31, 2028.

Set costs for criminal and traffic cases

Beginning January 1, 2026, criminal courts of record charge $300 per case per defendant. Criminal general sessions costs include $62 per conviction per defendant without traffic citations and $42 for traffic-citation cases. Failures to appear and specified process cost $40, and expunction charges cannot exceed $100. Violations of Tennessee Code section 55-8-199 carry an extra $5 administrative fee that the clerk keeps. State reimbursement remains limited to fees and costs in effect before January 1, 2006.

Set fees for juvenile and sessions filings

Beginning January 1, 2026, listed juvenile and civil general sessions filing fees stay the same through 2028. Juvenile fees include $100 for specified support and parentage actions, $75 for child-support enforcement or changes, and $62 for delinquency, unruly, felony, or misdemeanor proceedings. Specified juvenile traffic, diversion, and custody matters cost $42; listed licensing and order-related matters cost $25. Civil general sessions fees include $50 for listed civil actions, $42 for short-term mental health commitments, and $100 for protection orders. General sessions courts also charge court-of-record taxes and costs when using civil authority shared with a court of record.

New court tax pays for clerk education

Beginning January 1, 2026, county civil and criminal cases carry an added $2 litigation tax. Cases filed in juvenile or municipal courts are excluded. The money goes into the state Court Clerk Continuing Education Fund, where investment interest and unused balances stay. The court clerks’ conference may spend it on clerk education, courses, and conferences only with annual legislative funding approval.

Electronic filing fees have caps and exemptions

Beginning January 1, 2026, local rules may authorize electronic filing fees that cover setup and maintenance costs. Electronic filing must meet state supreme court technology standards, and the fees must appear in the local rule. Charges can reach $5 per filing, capped at $50 per court proceeding, or $300 for an optional unlimited one-year subscription. People declared indigent and their legal representatives pay neither fee. The state, its departments, and contractors do not have to file electronically.

New payment protections for civil litigants

Beginning January 1, 2026, civil-case fees are due when clerk services are requested; criminal cases are excluded. Clerks must notify parties and their lawyers about unpaid fees and allow 10 business days to correct the problem. After that, clerks may seek court action, including striking or dismissing filings. Lawyers may provide a cost bond instead of upfront payment; clerks that refuse the bond forfeit the proceeding’s fees. People unable to pay retain the pauper’s oath option, while courts may require extra costs or bonds in extraordinary cases, including cases with 10 or more parties.

Clerks gain power to invest court funds

Beginning January 1, 2026, clerks may invest qualifying idle court funds unless an order or rule specifically directs their investment. Investments must use federally insured or properly secured financial institutions, or the state treasurer’s local government investment pool. Earnings generally become part of the clerk’s costs rather than going to the people entitled to the underlying funds. When a court order or local rule directs investment, earnings instead go to the people entitled under the order or agreement.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 247 • No: 30

Senate vote • 4/21/2025

FLOOR VOTE: Third Consideration 4/21/2025

Yes: 31 • No: 2

House vote • 4/16/2025

FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/16/2025

Yes: 69 • No: 20

House vote • 4/16/2025

HOUSE CALENDAR & RULES COMMITTEE

Yes: 0 • No: 0

House vote • 4/16/2025

FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/16/2025

Yes: 82 • No: 8

House vote • 4/15/2025

HOUSE FINANCE, WAYS, AND MEANS COMMITTEE

Yes: 26 • No: 0

House vote • 4/14/2025

HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE

Yes: 12 • No: 0

House vote • 4/9/2025

HOUSE JUDICIARY COMMITTEE

Yes: 21 • No: 0

House vote • 4/2/2025

HOUSE CIVIL JUSTICE SUBCOMMITTEE

Yes: 6 • No: 0

Actions Timeline

  1. Effective date(s) 01/01/2026

    5/27/2025
  2. Pub. Ch. 486

    5/27/2025
  3. Signed by Governor.

    5/21/2025
  4. Transmitted to Governor for his action.

    5/9/2025House
  5. Signed by Senate Speaker

    5/8/2025Senate
  6. Signed by H. Speaker

    4/30/2025House
  7. Enrolled; ready for sig. of H. Speaker.

    4/24/2025House
  8. Passed Senate, Ayes 31, Nays 2

    4/21/2025Senate
  9. Amendment withdrawn. (Amendment 1 - SA0356)

    4/21/2025Senate
  10. Senate substituted House Bill for companion Senate Bill.

    4/21/2025Senate
  11. Received from House, Passed on First Consideration

    4/17/2025Senate
  12. Engrossed; ready for transmission to Sen.

    4/16/2025House
  13. Passed H., as am., Ayes 82, Nays 8, PNV 1

    4/16/2025House
  14. H. adopted am. (Amendment 1 - HA0381)

    4/16/2025House
  15. Sponsor(s) Added.

    4/16/2025House
  16. H. Placed on Regular Calendar for 4/16/2025

    4/15/2025House
  17. Placed on cal. Calendar & Rules Committee for 4/15/2025

    4/15/2025House
  18. Rec. for pass; ref to Calendar & Rules Committee

    4/15/2025House
  19. Placed on cal. Finance, Ways, and Means Committee for 4/15/2025

    4/14/2025House
  20. Rec. for pass by s/c ref. to Finance, Ways, and Means Committee

    4/14/2025House
  21. Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2025

    4/9/2025House
  22. Assigned to s/c Finance, Ways, and Means Subcommittee

    4/9/2025House
  23. Rec. for pass. if am., ref. to Finance, Ways, and Means Committee

    4/9/2025House
  24. Placed on cal. Judiciary Committee for 4/9/2025

    4/2/2025House
  25. Rec for pass if am by s/c ref. to Judiciary Committee

    4/2/2025House

Bill Text

  • HA0381 (Substitute)

    4/16/2025

  • Enrolled / Public Chapter

  • Fiscal Note

  • Introduced

  • SA0356

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