# Tenn. Code Ann. § 40-30-104: Petition > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-104 ## Section - **Citation:** Tenn. Code Ann. § 40-30-104 - **Heading:** Petition - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 40 / Chapter 30 / Section 40-30-104 ## Text (a) A post-conviction proceeding is commenced by filing, with the clerk of the court in which the conviction occurred, a written petition naming the state as the respondent. No filing fee shall be charged. Petitions challenging misdemeanor convictions not in a court of record shall be filed in a court of record having criminal jurisdiction in the county in which the conviction was obtained, and the case shall be assigned as set forth in § 40-30-105(b) . (b) The petitioner shall provide all information required by this section. Petitions which are incomplete shall be filed by the clerk, but shall be completed as set forth in an order entered in accordance with § 40-30-106(d) . (c) The petition for post-conviction relief shall be limited to the assertion of claims for relief from the judgment or judgments entered in a single trial or proceeding. If the petitioner desires to obtain relief from judgments entered in separate trials or proceedings, the petitioner must file separate petitions. (d) The petitioner shall include all claims known to the petitioner for granting post-conviction relief and shall verify under oath that all the claims are included. (e) The petitioner shall include allegations of fact supporting each claim for relief set forth in the petition and allegations of fact explaining why each ground for relief was not previously presented in any earlier proceeding. The petition and any amended petition shall be verified under oath. Affidavits, records or other evidence available to the petitioner supporting the allegations of the petition may be attached to it. (f) The petitioner shall provide the name of any attorney licensed to practice law who drafts or has given assistance or advice regarding drafting the petition for post-conviction relief. (g) Amendments to the petition shall conform substantially to the form for original petitions, except that matters alleged in the original petition need not be repeated. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-204 . (a) A post-conviction proceeding is commenced by filing, with the clerk of the court in which the conviction occurred, a written petition naming the state as the respondent. No filing fee shall be charged. Petitions challenging misdemeanor convictions not in a court of record shall be filed in a court of record having criminal jurisdiction in the county in which the conviction was obtained, and the case shall be assigned as set forth in § 40-30-105(b) . (b) The petitioner shall provide all information required by this section. Petitions which are incomplete shall be filed by the clerk, but shall be completed as set forth in an order entered in accordance with § 40-30-106(d) . (c) The petition for post-conviction relief shall be limited to the assertion of claims for relief from the judgment or judgments entered in a single trial or proceeding. If the petitioner desires to obtain relief from judgments entered in separate trials or proceedings, the petitioner must file separate petitions. (d) The petitioner shall include all claims known to the petitioner for granting post-conviction relief and shall verify under oath that all the claims are included. (e) The petitioner shall include allegations of fact supporting each claim for relief set forth in the petition and allegations of fact explaining why each ground for relief was not previously presented in any earlier proceeding. The petition and any amended petition shall be verified under oath. Affidavits, records or other evidence available to the petitioner supporting the allegations of the petition may be attached to it. (f) The petitioner shall provide the name of any attorney licensed to practice law who drafts or has given assistance or advice regarding drafting the petition for post-conviction relief. (g) Amendments to the petition shall conform substantially to the form for original petitions, except that matters alleged in the original petition need not be repeated. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-204 . ## Nearby sections - [Tenn. Code Ann. § 40-30-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-101.md) - [Tenn. Code Ann. § 40-30-102 When prisoners may petition for post-conviction relief](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-102.md) - [Tenn. Code Ann. § 40-30-103 Grounds for relief](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-103.md) - [Tenn. Code Ann. § 40-30-104 Petition](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-104.md) - [Tenn. Code Ann. § 40-30-105 Processing of petitions - Designation of judge](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-105.md) - [Tenn. Code Ann. § 40-30-106 Preliminary consideration](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-106.md) - [Tenn. Code Ann. § 40-30-107 Preliminary order](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-107.md) - [Tenn. Code Ann. § 40-30-108 Answer or response](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-108.md) - [Tenn. Code Ann. § 40-30-109 Prehearing procedure](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-109.md) - [Tenn. Code Ann. § 40-30-110 Hearing](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-110.md) - [Tenn. Code Ann. § 40-30-111 Final disposition of petitions - Compliance reports](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-111.md) - [Tenn. Code Ann. § 40-30-112 Notice of final judgments by clerk of court](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-112.md) - [Tenn. Code Ann. § 40-30-113 Petitioner unconstitutionally denied appeal - Procedure](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-113.md) - [Tenn. Code Ann. § 40-30-114 Reimbursement of expenses of district attorney general - Duty of attorney general and reporter](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-104. Check the current official text before relying on it. Not legal advice.