Title 29, Remedies and Special Proceedings

Circuit judges and chancellors have power to issue writs of mandamus, upon petition or bill, supported by affidavit.

(a) The writ is either alternative or peremptory. (b) The alternative writ commands the defendant to do the act required to be performed or show cause before the court forthwith, or at a specified time and place, why the defendant has not done so, and that the defendant then and …

The writ is returnable to the court of the county in which the land lies, in all cases where land is the subject of controversy, and in all other cases to the court of the county where the defendant resides, or, if against a public officer or corporation, in the county in which t…

The defendant in the writ shall notify any third person claiming title to or interest in the matter in controversy, and such third person may, upon application, be made a defendant, and permitted to file an answer, upon giving security for costs.

If such third person is a nonresident or unknown, publication shall be made as in other cases against nonresidents; and, on the nonresident's failing to appear and answer according to the requirements of the order of publication, the petition or bill may be taken for confessed, a…

On the return day of the alternative writ, or on such further day as the court may allow, the party on whom the writ has been served may show cause by a sworn answer, and issue may be made thereon, and tried accordingly.

If the answer deny any material facts stated in the petition, the court may determine the issues upon evidence, or cause them to be submitted to a jury.

(a) When the defendant makes default, or a decision is made against the defendant after appearance, the court shall direct a peremptory mandamus to issue forthwith. (b) Should the decision be adverse to the petitioner, the petition or bill shall be dismissed with costs.

The costs and fees in mandamus cases are the same as those prescribed by law for similar services in chancery proceedings.

(a) As used in this part, unless the context otherwise requires:(1) “Health care liability action” means any civil action, including claims against the state or a political subdivision thereof, alleging that a health care provider or providers have caused an injury related to the…

(a) Except as provided in this section, a health care liability action against a licensee may be brought only against the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether a…

(a) Except as otherwise provided in this section, the results of a survey, an inspection, or an investigation of a health care provider that is conducted by any state or federal department or agency, including any statement of deficiencies and all findings and deficiencies cited …

(a) As used in this section:(1) “Coercion” means the same as defined in § 39-11-106;(2) “Healthcare professional” means an individual, establishment, or facility licensed, registered, certified, or permitted to provide health care to individuals in this state pursuant to title 63…

(a) In a health care liability action, the claimant shall have the burden of proving by evidence as provided by subsection (b):(1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the …

(a) (1) The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104.(2) In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery.(…

In a health care liability action the pleading filed by the plaintiff may state a demand for a specific sum, but such demand shall not be disclosed to the jury during a trial of the case notwithstanding § 20-9-302 to the contrary.

In a health care liability action, the plaintiff shall prove by evidence as required by § 29-26-115(b) that the defendant did not supply appropriate information to the patient in obtaining informed consent (to the procedure out of which plaintiff's claim allegedly arose) in accor…

(a) As used in this section, “actual economic losses” means the financial costs incurred by the claimant by reason of the personal injury, including the cost of reasonable and necessary medical care, rehabilitation services, and custodial care. (b) In all health care liability ac…

Compensation for reasonable attorneys' fees in the event an employment contract exists between the claimant and claimant's attorney on a contingent fee arrangement shall be awarded to the claimant's attorney in a health care liability action in an amount to be determined by the c…

(a) (1) Any person, or that person's authorized agent, asserting a potential claim for health care liability shall give written notice of the potential claim to each health care provider that will be a named defendant at least sixty (60) days before the filing of a complaint base…

(a) In any health care liability action in which expert testimony is required by § 29-26-115, the plaintiff or plaintiff's counsel shall file a certificate of good faith with the complaint. If the certificate is not filed with the complaint, the complaint shall be dismissed, as p…

The title of this part is, and may be cited as, the “Therapist Sexual Misconduct Victims Compensation Act.”

It is the intention of the general assembly to provide victims of sexual misconduct by a therapist with a legal remedy, including significant compensatory damages and a more reasonable statute of limitations. It is intended to prevent sexual misconduct by a therapist by imposing …

(1) As used in this part, unless the context otherwise requires:(1) “Claimant” means any of the following:(A) The victim;(B) The parents of the victim where the victim is still a minor;(C) The legal guardian of the victim if the victim is not competent to assert such victim's leg…

(1) A cause of action for sexual misconduct exists for a claimant where the sexual misconduct occurred:(1) During the time when the patient was receiving therapy from the therapist;(2) After the patient has stopped receiving therapy from the therapist if the patient is still emot…

(1) A therapist does not violate § 29-26-204 if the patient is:(1) The spouse of the therapist and was married to the therapist prior to the establishment of the therapist-patient relationship; or(2) The sexual relationship began prior to the establishment of the therapist-patien…

(a) An employer of a therapist may be liable under § 29-26-204 if sexual misconduct occurred as provided in § 29-26-204, and either of the following applies:(1) The employer fails to take reasonable action when the employer knows or has reason to know that the therapist has engag…

In an action for sexual misconduct, the victim's sexual history is not admissible as evidence except to prove that the sexual behavior occurred with the therapist prior to the provision of therapy to the patient by the therapist. During discovery, only evidence of the victim's se…

(a) The statute of limitations in sexual misconduct actions is two (2) years from the date the alleged injury occurred or is discovered, whichever is later. For purposes of this section, discovery of the alleged injury occurs after therapy ends, the victim is no longer emotionall…

(1) The claimant may recover for damages caused by the sexual misconduct. Such damages include, but are not limited to:(1) Reasonable economic losses caused by the emotional, mental or physical effects of the sexual misconduct, including, but not limited to:(A) The cost of counse…

This part is declared to be remedial in nature and this part shall be liberally construed to effectuate its purposes.

Any person having an estate of inheritance, or for life, or for years, in lands, and holding or being in possession thereof, as tenant in common or otherwise, with others, is entitled to partition thereof, or sale for partition, under this chapter.

The fact that the premises are subject to an encumbrance by mortgage or otherwise will not affect the right.

Nor will the fact that some of the joint owners are infants, and that it is to their interest that the property should not be partitioned; nor that the several estates and interests of the parties are altogether different and distinct.

In these cases the partition shall be made according to the respective rights of the parties, setting apart to such as desire it their shares in severalty, and leaving the shares of others, if desired, in common; and if there are minors, the court may, in its discretion, leave th…

(a) Any two (2) or more persons owning personal property in common may have partition, or sale for partition, thereof, in accord, substantially, with this chapter in respect of realty. (b) Where such owners are unable to agree as to possession pending the proceeding, the court ma…

(a) The county, circuit, or chancery courts have concurrent jurisdiction of partition cases under this chapter, by bill or petition. (b) Nothing in this chapter shall deprive the chancery court of the jurisdiction rightfully belonging to that court over the subject of partition a…

The petition may be filed in the court of the county in which the land, or any part of it lies, or in which the defendant resides. If all the claimants join in the petition, or assent to the partition, it may be filed in any county in the state, whether any of the land lies there…

The bill or petition shall set forth, as far as known, the names of the owners, their residences, which of them are infants or married.

Every person having such interest, whether in possession or otherwise, shall be made a party.

In case any one (1) or more of such parties, or the share or quantity of interest of any of the parties, be unknown to the petitioner, or be uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be a contingent …

(a) Notice of the petition, stating the time it is intended to present it, and the court at which it is to be presented, shall be served upon the parties who do not join in the petition, at least five (5) days before its presentation, or given by publication, as provided in subse…

The action may, however, be commenced by filing the petition or bill, and issuance and service of copy and summons, or making publication as in chancery cases.

(a) The court, on appearance or default, shall declare the rights, titles, and interests of the parties in the premises, and give judgment that partition be made between such of them as have any right therein, according to such right. (b) The court may, in a proper case, where th…

(a) Upon the filing of a suit for partition of property, real or personal, the parties shall submit the names of three (3) commissioners selected and agreed upon by the parties. If the parties are unable to agree, the judge shall appoint three (3) commissioners, known by the cour…

The commissioners, before proceeding to the execution of their duty, shall be severally sworn, by the clerk, the officer summoning them, the county surveyor, the deputy, or any general sessions judge, to do justice among the parties, to the best of their skill and abilities, acco…