Tennessee § 40-25-126 Taxing of costs of malicious or frivolous prosecution

Tennessee Statutes

§ 40-25-126 — Taxing of costs of malicious or frivolous prosecution

Tennessee § 40-25-126

Title40

This text of Tennessee § 40-25-126 (Taxing of costs of malicious or frivolous prosecution) 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. § 40-25-126 (2026).

Text

(a)When the defendant is discharged upon the examination, or acquitted in any criminal prosecution for a public offense, and the court is of opinion that the prosecution was malicious or frivolous, the prosecutor may be taxed with all the costs.

(b)This section extend to trials before judges of general sessions courts, by whom the prosecutor may, in like manner and under like circumstances, be taxed with all the costs.

Free access — add to your briefcase to read the full text and ask questions with AI

(a) When the defendant is discharged upon the examination, or acquitted in any criminal prosecution for a public offense, and the court is of opinion that the prosecution was malicious or frivolous, the prosecutor may be taxed with all the costs. (b) This section extend to trials before judges of general sessions courts, by whom the prosecutor may, in like manner and under like circumstances, be taxed with all the costs.

Legislative History

Code 1858, §§ 5579, 5580 (deriv. Acts 1794, ch. 1, § 76; 1807, ch. 24, § 1; 1851-1852, ch. 70, §§ 1, 2); Shan., §§ 7611, 7612; Code 1932, §§12239, 12240; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3328.