Tennessee § 29-38-113 Burden of proof - Estoppel of persons convicted under drug laws to deny participation in illegal drug market - Lack of criminal drug conviction no bar to action

Tennessee Statutes

§ 29-38-113 — Burden of proof - Estoppel of persons convicted under drug laws to deny participation in illegal drug market - Lack of criminal drug conviction no bar to action

Tennessee § 29-38-113

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This text of Tennessee § 29-38-113 (Burden of proof - Estoppel of persons convicted under drug laws to deny participation in illegal drug market - Lack of criminal drug conviction no bar to action) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 29-38-113 (2026).

Text

(a)Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.

(b)A person against whom recovery is sought, who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236, 1970 ( 21 U.S.C. § 801 et seq.), is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market during the two (2) years preceding the date of an act giving rise to a conviction.

(c)The absence of a crimina

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(a) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. (b) A person against whom recovery is sought, who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236, 1970 ( 21 U.S.C. § 801 et seq.), is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market during the two (2) years preceding the date of an act giving rise to a conviction. (c) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.