# Tenn. Code Ann. § 40-30-107: Preliminary order

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-107

## Section

- **Citation:** Tenn. Code Ann. § 40-30-107
- **Heading:** Preliminary order
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 40 / Chapter 30 / Section 40-30-107

## Text

(a) If the petition is not dismissed upon preliminary consideration, the court shall enter a preliminary order. (b) In all cases, the preliminary order shall direct the following: (1) If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201 , the court shall appoint counsel to represent the petitioner. (2) If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-207 .
(a) If the petition is not dismissed upon preliminary consideration, the court shall enter a preliminary order.
(b) In all cases, the preliminary order shall direct the following: (1) If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201 , the court shall appoint counsel to represent the petitioner. (2) If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time.
(1) If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201 , the court shall appoint counsel to represent the petitioner.
(2) If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-207 .

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-107. Check the current official text before relying on it. Not legal advice.