§ 16-4-109 — Number of judges necessary to decision

(a) When sitting in sections of three (3) judges each, the concurrence of two (2) of the judges shall be sufficient to determine all matters coming before the section; and such action, without more, shall have effect, in all respects, as if the entire court of appeals had participated in the action. (b) When the court sits en banc, the concurrence of seven (7) of the judges, and, when two (2) sections sit together, the concurrence of five (5) of the judges, shall so suffice and be effective.

Legislative History

Acts 1925, ch. 100, § 5; Shan. Supp., § 6325a5; mod. Code 1932, §§ 10612, 10613; Acts 1978, ch. 836, § 3; T.C.A. (orig. ed.), § 16-409.