55-10-610 - Hearing on petition. - Tennessee Statutes

55-10-610. Hearing on petition.

(a)  Upon the first appearance of the defendant before the court, the court shall determine whether there is any material disputed, issue of fact with regard to the allegations of the petition. If not, the court shall forthwith render an order or judgment as may be appropriate without the intervention of a jury.

(b)  If, at the time of the first appearance of the defendant before the court, the court determines that there is a dispute as to any material fact or facts, the court shall make an order specifying what fact or facts are disputed, and shall thereupon set the matter for hearing on a day certain not earlier than thirty (30) days thereafter, unless all parties agree to an earlier date. As to any fact disputed, the state shall have the burden of proof.

[Acts 1974, ch. 748, §§ 19, 20; T.C.A., § 59-2110.]