By Jedidiah McKeehan

Lawyers sometimes use Latin phrases that sound mysterious but describe simple ideas. “Nunc pro tunc,” which translates to “now for then,” is one of those phrases. When a court enters an order nunc pro tunc, it is correcting the record today to reflect something that actually happened earlier but was not properly recorded at the time. The key concept is accuracy, not revision—nunc pro tunc is meant to make the paperwork match reality, not to change history or create a new ruling after the fact.

Courts use nunc pro tunc orders for clerical mistakes, omissions, and timing glitches. Maybe a judge announced a ruling from the bench in May, but the written order did not get entered until July; the nunc pro tunc order can state the judgment is effective as of the May date that the decision was actually made.

Perhaps a sentencing order forgot to include pretrial jail-credit that everyone agreed on; a nunc pro tunc order can add that credit because it reflects what truly occurred. In civil cases, it might fix a typo in a name, dollar figure, or legal description that the judge already intended to enter correctly, but primarily it is meant to enter orders in this manner, “The judge made his ruling in May, we got the written order done in July, but we want this Order to show that it took effect in May.”

There are limits. A court cannot use nunc pro tunc to make a new decision and pretend it was made earlier, to gain jurisdiction it did not have, or to expand someone’s rights after the deadline for doing so has passed. The order must be grounded in the existing record—docket entries, transcripts, minute orders, or other reliable proof that shows what actually happened. If there is no evidence that the earlier action occurred, nunc pro tunc is not appropriate.

If you see “nunc pro tunc” in an order, it is not a trapdoor or a loophole. It is simply the court saying, “we are entering this now to reflect what should have been in the record then,” ensuring the paperwork lines up with the reality of the case.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.

By Jedidiah McKeehan

In Tennessee, there are very specific rules about how old someone must be to legally get married. These rules are found in Tennessee Code Annotated section 36-3-105, and they set firm age requirements that everyone must follow—no exceptions.

As of the most recent update to the law, no one under the age of seventeen can get married in Tennessee under any circumstances. That means even if someone is sixteen and has the permission of both parents, the law still does not allow them to legally marry. The state legislature made this change to protect minors from being pressured into early marriages and to prevent situations that could lead to abuse or exploitation.

If someone is seventeen years old, they can get married, but only under very strict conditions. The older person in the relationship cannot be more than four years older than the seventeen-year-old. So, for example, if a seventeen-year-old wants to marry someone who is twenty-two, that is allowed. But if the other person is twenty-three or older, then the marriage is not allowed under Tennessee law. In addition to the age difference restriction, the seventeen-year-old must also have written permission from a parent or legal guardian, and a judge has to approve the marriage.

Once both individuals are eighteen or older, they can marry without needing parental consent or court approval. At that point, they are considered legal adults and free to make that decision on their own.

These rules are in place for good reason. Tennessee, like many other states, has tightened its marriage laws in response to concerns about child marriage and its potential consequences. The goal is to make sure that young people are not pushed into adult relationships before they are emotionally or legally ready to handle them.

So, if you are considering marriage or know someone who is under the age of eighteen and thinking about it, know that Tennessee law draws a clear line. No one under seventeen may marry at all. And for those who are seventeen, the law adds layers of protection to ensure the decision is appropriate, lawful, and carefully reviewed.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.

By Jedidah McKeehan

You may have seen a courtroom scene in a movie or TV show where a lawyer suddenly yells, “Objection!” and the judge responds with, “Sustained!” or “Overruled!” While those moments make for good drama, a lot of what determines what evidence is allowed at trial actually happens before the trial even begins. One of the main tools lawyers use to handle this is called a motion in limine.

A motion in limine (pronounced lim-in-ee) is a legal request made to the judge before a trial starts, asking the judge to decide ahead of time whether certain evidence can or cannot be mentioned in front of the jury. The goal is to prevent the jury from ever hearing something that could unfairly influence them—something that, even if objected to later, might still leave an impression.

These motions often involve issues like: keeping out evidence about someone’s criminal history, excluding references to past lawsuits, preventing mention of things that might be irrelevant or overly prejudicial, or deciding whether expert testimony meets legal standards

Here is how it works. Suppose someone is being sued for a car accident. The defendant was in another accident years ago, but it has nothing to do with this one. The lawyer might file a motion in limine asking the judge to forbid any mention of that old accident during the trial. If the judge agrees, then the other side is not allowed to bring it up in front of the jury at all.

Why does this matter? Because trials are supposed to be fair. The rules of evidence are designed to make sure that the jury makes decisions based on relevant facts, not on emotional reactions or unfair assumptions. A motion in limine helps make that happen by stopping the train before it ever leaves the station.

Unlike objections during trial, which can draw attention to the issue in front of the jury, a motion in limine happens quietly behind the scenes. If granted, it prevents problems from popping up in the first place.

In Tennessee courts, you will see these motions filed in both civil and criminal cases. Judges often address them at a pretrial hearing before jury selection begins. Lawyers may file several motions in limine in a single case, covering multiple topics they want to keep out of the trial.

If you are involved in a case that is going to trial, you may never hear the term “motion in limine” mentioned out loud, but it could play a big part in shaping what the jury hears—and what it does not.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties.  He works in many areas, including divorce, custody, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.

By Jedidah McKeehan

When someone refuses to follow a court order in Tennessee, one of the tools available to address that issue is filing a motion for contempt. But what exactly does that mean, and how does it work?

Being held in contempt of court means that a judge has found that a person has intentionally disobeyed a lawful court order. Contempt is a serious matter, and it is one of the few ways courts have to make sure that their orders are respected.

There are two main types of contempt: civil contempt and criminal contempt. Most cases involving people refusing to pay child support or not following a custody order fall under civil contempt. The goal of civil contempt is not to punish someone, but to make them comply with the order. A person can even be jailed until they do what the judge ordered them to do.

To prove contempt, the person filing the motion must show four things: 1) there was a clear and specific court order in place, 2) the other person knew about the order, 3) the other person had the ability to comply, and 4) they chose not to comply. That last part—ability to comply—is very important. A judge will not hold someone in contempt if they truly could not do what the order required.

Contempt hearings are held in front of a judge, not a jury. The judge will hear both sides, look at the evidence, and decide whether the other party should be held in contempt. If they are, the judge can order them to pay money, correct their behavior, or in some cases, serve jail time.

Filing for contempt is not something to be taken lightly, but sometimes it is the only way to get the other side to take a court order seriously. If you think someone is ignoring a court order that affects you, speak with your attorney about whether contempt is the right next step.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.

By Jedidiah McKeehan

You may hear a lawyer or judge use the word “bifurcation” during a court case and think it sounds like something out of a science textbook. But in the legal world, bifurcation is actually a pretty straightforward concept.

Bifurcation simply means splitting a case into two parts so that one issue is decided before moving on to the next. The word itself comes from the Latin “bi,” meaning two, and “furcare,” meaning to fork—so think of it like the case taking two separate paths instead of one big road.

Why would someone want to do this? Well, sometimes there’s one part of a case that’s a lot easier to resolve than the rest. By handling that part first, the court might be able to avoid a long, expensive, and unnecessary trial on the other issues.

A common example of bifurcation happens in divorce cases. Let’s say a couple agrees they want to be divorced, but they’re still fighting over things like alimony, child custody, or property division. The judge might grant the divorce itself right away—bifurcating the divorce from the other issues—and then take more time to sort out the rest. That way, the couple is legally divorced while the remaining details are still being resolved.

Bifurcation can also be used in civil cases involving things like car accidents or contract disputes. For example, a court might first hold a trial to determine whether someone is liable (at fault), and then later hold a separate trial to decide how much money should be awarded in damages. This can make things more efficient—if the court decides someone wasn’t at fault at all, then there’s no need to spend time figuring out how much money they would have owed.

Of course, not all judges are willing to bifurcate a case. It’s a decision that the judge makes after weighing whether it will actually save time and resources or whether it might confuse things even more. Lawyers will often request bifurcation as a strategic move, depending on which issues they want the judge to hear first.

So while the word “bifurcation” may sound intimidating, it’s really just about breaking a case into manageable parts. Sometimes, tackling a case one piece at a time is the best way to get to the finish line.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.

By Jedidiah McKeehan

If you find yourself sitting in a courtroom, you might hear a lawyer stand up and say, “Your Honor, we request the rule of sequestration.” That phrase probably doesn’t mean much to most people, but it can have a big impact on how a trial unfolds.

Sequestration simply means keeping witnesses out of the courtroom until it is their turn to testify. The idea is to prevent witnesses from hearing each other’s testimony so that their own statements are not influenced by what someone else says. When the judge grants sequestration, all potential witnesses—except the parties to the case—are asked to leave the room and wait in the hallway or another designated area.

This rule exists to help keep testimony honest and independent. If you’re a witness, the court wants to hear your version of events, not a version that accidentally (or intentionally) lines up with someone else’s story just because you heard them say it first.

Now, if you’re a party to the case—like the person being sued or someone in a criminal trial—you usually are allowed to stay in the courtroom even if you plan to testify. However, expert witnesses (like doctors or accident reconstructionists) may sometimes be allowed to stay and hear testimony if the judge believes it will help them form their opinion.

So, what happens if a witness breaks the rule and listens to testimony anyway? That’s a big no-no. It can lead to the judge not allowing that person to testify at all, or it may damage their credibility in the eyes of the judge or jury. It might even result in a contempt of court charge if the person was knowingly violating the rule.

Sometimes people confuse sequestration with a “sequestered jury,” which is a totally different concept. That term refers to jurors being isolated—often in a hotel without outside contact—to keep them from being influenced by media or public opinion during a high-profile trial. While both use the word “sequester,” they deal with very different situations.

The next time you hear a lawyer request sequestration, you’ll know it’s a standard part of keeping the trial fair. It’s not dramatic or mysterious—it’s just about making sure everyone tells their own truth.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.

By Jedidiah McKeehan

Shoplifting may seem like a minor offense, but under Tennessee law, it can carry serious consequences, especially when the theft targets retail stores. A specific law, Tennessee Code Annotated section 39-14-146, increases penalties for shoplifting in certain situations, reflecting the state’s tougher stance on retail theft.

Tennessee does not use the term “shoplifting” in its statutes. Instead, it’s prosecuted under theft laws when someone takes merchandise without paying and with the intent to deprive the merchant of that property.

Common examples include hiding items, switching price tags, or walking out without paying. While the general theft statute applies, it becomes shoplifting when the victim is a retail merchant.

Under this statute, penalties are enhanced — bumped up by one level — when certain aggravating factors are present: the theft caused over $1,000 in damage to the store; the offender used tools or devices to disable security systems; two or more people worked together to commit the theft; the offender had a prior theft conviction within the last two years.

That means a misdemeanor could become a felony, and a low-level felony could jump to a more serious charge with longer prison time.

If multiple thefts occur within 72 hours, the law allows the values to be added together and charged as one crime — a key provision that targets repeat or organized offenders.

In addition to criminal charges, retailers have the right to seek civil damages under Tennessee Code Annotated section 39-14-144. They can recover the retail value of the goods, up to $1,000 in damages, plus attorney’s fees. This gives businesses a legal way to recoup losses even if prosecutors don’t bring formal charges.

Shoplifting is no longer treated as a minor offense in Tennessee. Enhanced penalties, aggregation rules, and civil remedies all send a clear message: theft from merchants will be prosecuted aggressively. Anyone facing these charges should consult an attorney — the consequences can escalate quickly.

Visit attorney-knoxville.com for more information about this legal issue and other legal issues.

By Jedidiah McKeehan

Estate planning makes sure assets are distributed according to an individual’s wishes. In Tennessee, people who have drafted a will may need to make changes without rewriting the entire document. Personally, I recommend trashing the old will and writing a whole new will. But if you do not want to do that, you can write a codicil. A codicil is a legal amendment that allows changes while keeping the original will intact.

Some things that a codicil may be used for include: adding or removing beneficiaries, changing executors or trustees, updating asset distributions, or correcting errors in the original will.

In Tennessee, a codicil must comply with Tennessee Code Annotated section 32-1-104, and must generally: be in writing, be signed, be witnessed by two competent individuals who sign in the testator’s presence, be made voluntarily and without undue influence. It’s always a good idea to have this document notarized as well.

Codicils are useful for minor changes but instead of leaving people to navigate multiple documents, it may be easier to draft a whole new will.

If you think drafting a codicil may interest you, here are some tips: consult an attorney; be clear and specific about what is being changed as well as identifying the original will that is being changed; make sure the codicil is executed correctly; consider skipping the codicil and doing a new will so there is less confusion; once the codicil is completed, keep it in a safe place.

A codicil is a perfectly legal document, however, even though it is legal, it may be simpler and more straightforward to simply do a new will.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties.  He works in many areas, including divorce, custody, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.

By Jedidiah McKeehan

If you are a new parent, or maybe even an experienced parent, and you have concerns about whether your children are safe with the workers in their daycare, you may want to review Tennessee Code Annotated section 37-5-511. This law specifically details the kind of background checks required to be performed on all child care workers.

The law makes sure only qualified and trustworthy individuals may work with children by mandating criminal background checks, fingerprinting, and other screenings.

Applicants must undergo a thorough vetting process, including fingerprint-based checks through state and federal databases, to identify any past offenses that could disqualify them. Certain crimes, such as child abuse, sexual offenses, violent crimes, and drug-related felonies, automatically bar individuals from employment in childcare settings.

Employers are responsible for verifying that all staff members have cleared these checks before they begin work, and failure to comply can result in fines or revocation of a facility’s license.

The law has improved childcare safety by preventing individuals with disqualifying histories from working with children. However, some child care providers have complained about delays in processing background checks, which can slow down hiring and contribute to staffing shortages. This is definitely a challenge for small child care facilities that simply do not have the manpower or resources to wait for these processes to run their course when an employee unexpectedly quits, and they are scrambling not to lose clients.

The idea behind the law is one that everyone can get behind, allowing us to do everything we can to make sure our children are safe. There is never any opposition to that goal. However, while the law strengthens safety measures, trying to practically make it work can be a challenge and we can all agree that the wheels of the governmental administrative process never turn quickly enough.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties.  He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.

By Jedidiah McKeehan

I have had the opportunity to practice law in a number of different counties and courtrooms. Because of that, I have probably been in front of more judges than most lawyers and in my opinion, almost all are trying to do a good job.

Sometimes judges are presented with a case that is a close call. I do not envy the judges in those instances. What they decide may determine the rest of someone’s life. In those instances, the judges may try to come down somewhere in the middle.

In those instances, the judge may say something to lighten the mood like, “Let’s split the baby on this one,” before issuing their ruling that comes down somewhere in the middle between what both parties are requesting happen.

When the judge says, “Let’s split the baby,” what are they meaning? What are they referencing? Are they about to cut a child in half?

This phrase comes from the Bible and the story of when two mothers came before King Solomon claiming that a child belonged to each them. King Solomon, in his wisdom, said that they would decide the matter by cutting the baby in two and giving one-half to each mother. The woman who was the actual mother cried out asking the King to give the child to the other woman instead of killing the baby this way, while the pretend mother did nothing to stop King Solomon’s decision. After watching their reactions, King Solomon gave the child to the actual mother.

Now that you know where this phrase comes from, you will understand what a judge is referencing if they say something like this. However, whenever I hear a judge say this, I inwardly smile, because thankfully, in the Bible, the baby did not actually get split in two.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties.  He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.