Procedure in confiscation

(a) Ask a legal question, get an answer ASAP!(1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Property: includes both personal and real property. See Tennessee Code 1-3-105Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Subpoena: A command to a witness to appear and give testimony.United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105(1) (A) In all cases of seizure of any narcotic drugs or marijuana or any vehicle, aircraft or boat or other property subject to forfeiture under this chapter, the officer or other person making the seizure shall deliver a receipt to the person, if any, found in possession of the property or conveyance. (B) The receipt shall state a general description of the seized property or conveyance, the reasons for the seizure, the procedure by which recovery of the property or conveyance may be sought, including the time period in which a claim for recovery must be presented, and the consequences of failing to file within the time period. (C) If the person found in possession of the conveyance is not the sole unencumbered owner of the conveyance, the department of safety shall make a reasonable effort to notify the owner or lienholder of the seizure by furnishing all parties known to have an interest in the conveyance with a copy of the receipt. (D) A copy of the receipt shall be filed in the office of the department of safety and shall be open to the public for inspection. (2) In all cases of seizure under subdivision (a)(1) involving a commercial vehicle or common carrier, any cargo or products transported by the commercial vehicle or common carrier shall not be subject to forfeiture, unless the cargo or products are otherwise subject to forfeiture under this chapter, or any other law of this state or the federal government. The cargo or products shall, upon request, immediately be made available for release to the owner or transporting agent. (b) (1) All property seized and forfeited under this chapter shall be sold at public sale by the commissioner of general services when seized by an agency of the state or a campus police officer as defined in § 49-7-118, or, if seized by a county or municipality, by the seizing agency of the county or municipality when the seized and forfeited property has been released by the commissioner of safety as now authorized by law. (2) (A) However, any vehicle seized by an agency of the state and forfeited under this chapter may, with the permission of the commissioner of safety and under terms and conditions approved by the commissioner of safety, be used, for a period of time not to exceed one (1) year, in the drug enforcement program of the state. (B) No vehicle seized by an agency of the state and forfeited under this chapter shall be used in the county or municipality in which it was seized. (C) Notwithstanding subdivision (b)(2)(B) to the contrary, any vehicle seized by a county or municipal agency and forfeited under title 40, chapter 33, part 2, may be used in the local drug enforcement program for a period not to exceed five (5) years. (c) (1) Any person claiming any property seized as contraband goods may, within thirty (30) days after receipt of notification of seizure, file with the commissioner at Nashville a claim in writing, requesting a hearing and stating the person’s interest in the articles seized. (2) The claimant shall also file with the claimant’s claim a cost bond with one (1) or more good and solvent sureties in the sum of two hundred fifty dollars ($250), the bond being made payable to the state. (3) An indigent person may file the claim in forma pauperis by filing with the claim an affidavit stating that the indigent person is unable to bear the cost of the proceeding. (d) (1) (A) Within thirty (30) days from the day the claim is filed, the commissioner shall establish a hearing date and set the case on the docket. (B) Nothing in subdivision (d)(1)(A) shall be construed as requiring the hearing to be conducted within the thirty-day period. (2) At each hearing, the state shall have the burden of proving by a preponderance of the evidence that the seize