PRIA Logo™
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: Andrew Farmer (Republican)

Became Law

Clerks, Court

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

8 provisions identified: 1 benefits, 5 costs, 2 mixed.

Higher civil and probate filing fees

Starting January 1, 2026, Tennessee sets standard filing fees across civil and probate courts. Examples: many circuit/chancery civil cases cost $275 in 2026, $300 in 2027, and $325 in 2028. Divorces without minor children cost $175 in 2026 and rise to $225 by 2028; with minor children, $250 in 2026 and $300 by 2028. Probate/estate filings are $275 in 2026, $300 in 2027, and $325 in 2028. General sessions civil filings for many matters are $50; orders of protection are $100, and short-term mental health commitments are $42.

Set fees in juvenile and criminal cases

Beginning January 1, 2026, criminal courts of record charge $300 per case per defendant. Probation violations or similar post‑judgment actions cost $100, and criminal contempt is $75. Juvenile filings include $100 to establish support, $75 for child support enforcement or changes, $42 for traffic/diversion, and $62 for delinquency/unruly. Criminal general sessions costs are $62 for non‑traffic convictions and $42 for traffic cases; failure to appear and bench warrants are $40. Clerks may charge up to $100 for expunctions. When the state would be charged, reimbursement is capped at pre‑2006 amounts.

Indigent filing and state fee caps

Beginning January 1, 2026, clerks must let you use a pauper’s oath to start a case before paying any filing fee. This protects people who cannot afford upfront costs. The law also caps what can be charged to the State of Tennessee in criminal, child support, mental health, adult protection, child care licensing, and DHS collection cases at pre‑2006 levels.

Electronic filing fees and tech rules

Beginning January 1, 2026, if a court allows e‑filing, clerks may charge up to $5 per filing, capped at $50 per case, or up to $300 per year per user. The state and people declared indigent do not pay e‑filing fees. Separately, $7 from each standard filing is set aside for court technology and stays in a technology fund until used.

New court service and continuance fees

Starting January 1, 2026, clerks charge standard service fees in all courts. Examples: $10 per subpoena, $0.50 per page for copies, $5 for certification and seal, $300 for a record on appeal, and $50 to prepare deeds under court order. Each requested continuance costs $10; $5 of that goes to court facility security. In very large cases with 10 or more parties, clerks may ask the court for extra reasonable costs and a cost bond. A $5 administrative fee applies to violations of § 55‑8‑199 and is kept by the clerk.

New $2 court case tax

Starting January 1, 2026, a $2 tax applies to every civil and criminal case started in a county. It does not apply to juvenile or municipal court cases. The money goes to a new court clerk continuing education fund, which the state treasurer may invest. Interest stays in the fund, balances carry forward, and spending needs annual approval for clerk training.

Technical code updates and repeals

Effective January 1, 2026, the law deletes §§ 8‑21‑408 and 8‑21‑409 and updates cross‑references to the new clerk fee sections. These are technical changes to align the code with the new fee system. The text here does not show direct household effects.

Higher clerk commissions and investing rules

Starting January 1, 2026, clerks take set commissions: generally 5% for receiving and paying over taxes, fines, and fees (10% in counties over 700,000), 6.75% on litigation receipts, 3% on sales under court order, and 5% on investment earnings. Clerks may invest idle funds in FDIC‑insured banks or the state investment pool, with collateral rules. Earnings count as clerk costs.

Sponsors & Cosponsors

Sponsor

  • Andrew Farmer

    Republican • House

Cosponsors

  • Michael Hale

    Republican • House

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 AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/16/2025

Yes: 82 • No: 8

House vote • 4/16/2025

HOUSE CALENDAR & RULES COMMITTEE

Yes: 0 • No: 0

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 • 4/15/2025

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. Pub. Ch. 486

    5/27/2025

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

    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. Senate substituted House Bill for companion Senate Bill.

    4/21/2025Senate

  9. Amendment withdrawn. (Amendment 1 - SA0356)

    4/21/2025Senate

  10. Passed Senate, Ayes 31, Nays 2

    4/21/2025Senate

  11. Received from House, Passed on First Consideration

    4/17/2025Senate

  12. Sponsor(s) Added.

    4/16/2025House

  13. H. adopted am. (Amendment 1 - HA0381)

    4/16/2025House

  14. Passed H., as am., Ayes 82, Nays 8, PNV 1

    4/16/2025House

  15. Engrossed; ready for transmission to Sen.

    4/16/2025House

  16. Rec. for pass; ref to Calendar & Rules Committee

    4/15/2025House

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

    4/15/2025House

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

    4/15/2025House

  19. Rec. for pass by s/c ref. to Finance, Ways, and Means Committee

    4/14/2025House

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

    4/14/2025House

  21. Rec. for pass. if am., ref. to Finance, Ways, and Means Committee

    4/9/2025House

  22. Assigned to s/c Finance, Ways, and Means Subcommittee

    4/9/2025House

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

    4/9/2025House

  24. Rec for pass if am by s/c ref. to Judiciary Committee

    4/2/2025House

  25. Placed on cal. Judiciary Committee for 4/9/2025

    4/2/2025House

Bill Text

  • HA0381 (Substitute)

    4/16/2025

    PDF

  • Enrolled / Public Chapter

    PDF

  • Fiscal Note

    PDF

  • Introduced

    PDF

  • SA0356

    PDF

Related Bills

Back to State Legislation