Tenn. Code Ann. § 24-5-113 — TN Code / Title 24 / Chapter 5 / Section 24-5-113
Medical, hospital or doctor bills - Prima facie evidence of necessity and reasonableness
Status: in_force

(a) (1) Proof in any civil action that medical, hospital or doctor bills were paid or incurred because of any illness, disease, or injury may be itemized in the complaint or civil warrant with a copy of bills paid or incurred attached as an exhibit to the complaint or civil warrant. The bills itemized and attached as an exhibit shall be prima facie evidence that the bills so paid or incurred were necessary and reasonable. (2) This section shall apply only in personal injury actions brought in any court by injured parties against the persons responsible for causing such injuries. (3) This prima facie presumption shall apply to the medical, hospital and doctor bills itemized with copies of bills attached to the complaint or civil warrant; provided, that the total amount of such bills does not exceed the sum of four thousand dollars ($4,000). (b) (1) In addition to the procedure described in subsection (a), in any civil action for personal injury brought by an injured party against the person or persons alleged to be responsible for causing the injury, if an itemization of or copies of the medical, hospital or doctor bills which were paid or incurred because of such personal injury are served upon the other parties at least ninety (90) days prior to the date set for trial, there shall be a rebuttable presumption that such medical, hospital or doctor bills are reasonable. (2) Any party desiring to offer evidence at trial to rebut the presumption shall serve upon the other parties, at least forty-five (45) days prior to the date set for trial, a statement of that party's intention to rebut the presumption. Such statement shall specify which bill or bills the party believes to be unreasonable. Acts 1978, ch. 734, § 1; T.C.A., § 24-517; Acts 1981, ch. 481, § 1; 1989, ch. 235, § 1; 2000, ch. 780, § 1.
(a) (1) Proof in any civil action that medical, hospital or doctor bills were paid or incurred because of any illness, disease, or injury may be itemized in the complaint or civil warrant with a copy of bills paid or incurred attached as an exhibit to the complaint or civil warrant. The bills itemized and attached as an exhibit shall be prima facie evidence that the bills so paid or incurred were necessary and reasonable. (2) This section shall apply only in personal injury actions brought in any court by injured parties against the persons responsible for causing such injuries. (3) This prima facie presumption shall apply to the medical, hospital and doctor bills itemized with copies of bills attached to the complaint or civil warrant; provided, that the total amount of such bills does not exceed the sum of four thousand dollars ($4,000).
(1) Proof in any civil action that medical, hospital or doctor bills were paid or incurred because of any illness, disease, or injury may be itemized in the complaint or civil warrant with a copy of bills paid or incurred attached as an exhibit to the complaint or civil warrant. The bills itemized and attached as an exhibit shall be prima facie evidence that the bills so paid or incurred were necessary and reasonable.
(2) This section shall apply only in personal injury actions brought in any court by injured parties against the persons responsible for causing such injuries.
(3) This prima facie presumption shall apply to the medical, hospital and doctor bills itemized with copies of bills attached to the complaint or civil warrant; provided, that the total amount of such bills does not exceed the sum of four thousand dollars ($4,000).
(b) (1) In addition to the procedure described in subsection (a), in any civil action for personal injury brought by an injured party against the person or persons alleged to be responsible for causing the injury, if an itemization of or copies of the medical, hospital or doctor bills which were paid or incurred because of such personal injury are served upon the other parties at least ninety (90) days prior to the date set for trial, there shall be a rebuttable presumption that such medical, hospital or doctor bills are reasonable. (2) Any party desiring to offer evidence at trial to rebut the presumption shall serve upon the other parties, at least forty-five (45) days prior to the date set for trial, a statement of that party's intention to rebut the presumption. Such statement shall specify which bill or bills the party believes to be unreasonable.
(1) In addition to the procedure described in subsection (a), in any civil action for personal injury brought by an injured party against the person or persons alleged to be responsible for causing the injury, if an itemization of or copies of the medical, hospital or doctor bills which were paid or incurred because of such personal injury are served upon the other parties at least ninety (90) days prior to the date set for trial, there shall be a rebuttable presumption that such medical, hospital or doctor bills are reasonable.
(2) Any party desiring to offer evidence at trial to rebut the presumption shall serve upon the other parties, at least forty-five (45) days prior to the date set for trial, a statement of that party's intention to rebut the presumption. Such statement shall specify which bill or bills the party believes to be unreasonable.
Acts 1978, ch. 734, § 1; T.C.A., § 24-517; Acts 1981, ch. 481, § 1; 1989, ch. 235, § 1; 2000, ch. 780, § 1.
Tenn. Code Ann. § 24-1-211 — TN Code / Title 24 / Chapter 1 / Section 24-1-211
Deaf persons - Providing oral or deaf sign language interpreters in administrative and judicial proceedings
Status: in_force

(a) As used in this section: (1) "Deaf person" means a person with a hearing loss so great as to prevent such person from understanding language spoken in a normal tone. "Deaf person" further includes, but is not limited to, a person who is mute and a person who is both deaf and mute. The archaic term "dumb" that formerly related to deaf people shall hereafter be struck from all future state publications that in any way refer to the deaf; (2) "Oral interpreter" means a person who interprets language through facial and lip movements only and who does not use manual communication. An oral interpreter shall be provided upon the request of a deaf person who does not communicate in sign language. The right of a deaf person to an interpreter may not be waived except by a deaf person who does not use sign language and who initiates such request for waiver in writing. Such waiver is subject to approval of counsel to such deaf person, if existent, and is subject to approval of the appointing authority; and (3) "Qualified interpreter" means an interpreter certified by the National Registry of Interpreters for the Deaf, Tennessee Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is not available, an interpreter whose qualifications are otherwise determined. Efforts to obtain the services of a qualified interpreter certified with a Legal Skills Certificate or a Comprehensive Skills Certificate will be made prior to accepting services of an interpreter with lesser certification. No "qualified interpreter" shall be appointed unless the appointing authority and the deaf person make a preliminary determination that the interpreter is able to readily communicate with the deaf person and is able to accurately interpret the statements of the deaf person and interpret the proceedings in which a deaf person may be involved. (b) (1) In any case in law or equity before any court or the grand jury, wherein any deaf person is a party to such action, either as a complainant, defendant, or witness, the court shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and interpret the person's testimony or statements and to assist in preparation with counsel. (2) In any proceeding before any department, board, commission, agency, or licensing authority of the state, or any political subdivision or municipality, wherein any deaf person is a principal party of interest, either as a complainant, defendant, witness or supplicant, any department, board, commission, agency, or licensing authority of the state or any political subdivision or municipality wherein such shall appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the person's testimony or statements. (3) In the event a person who is deaf is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officers' and the arresting officers' superiors shall procure a qualified interpreter in order to properly interrogate such deaf person and to interpret such person's statements. No statement taken from such deaf person before an interpreter is present may be admissible in court. (c) Every deaf person whose appearance before a proceeding entitles such person to an interpreter should notify the appointing authority of such need prior to any appearance and should request at such time the services of an interpreter; provided, that where a deaf person reasonably expects the need for an interpreter to be for a period greater than a single day, such person should notify the appointing authority and such notification shall be sufficient for the duration of the person's participation in the proceedings. (d) An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of deafness when the appointing authority has reason to believe that the person is not deaf. (e) (1) It shall be the responsibility of the appointing authority to channel requests for qualified interpreters through: (A) Local interpreter/referral centers for the deaf; (B) The Tennessee Registry of Interpreters for the Deaf; (C) The Tennessee council for the deaf and hard of hearing; or, in the alternative, (D) The department of human services, division of vocational rehabilitation. (2) It is the responsibility of the Tennessee Registry of Interpreters for the Deaf to compile and update annually a listing of qualified interpreters and to make this listing available to authorities in possible need of interpreter service as provided in this section. (f) Before a qualified interpreter will participate in any proceedings subsequent to an appointment under this section, such interpreter shall make an oath or affirmation that such interpreter will make a true interpretation in an understandable manner to the deaf person for whom the interpreter is appointed and that such interpreter will interpret the statements of the deaf person desiring that statements be made, in the English language to the best of such interpreter's skill and judgment. The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter so indicates. Any and all information that the interpreter gathers from the deaf person pertaining to any proceeding then pending shall at all times remain confidential and privileged, or on an equal basis with the attorney-client privilege, unless such deaf person desires that such information be communicated to other persons. (g) An interpreter appointed under this section shall be entitled to a reasonable fee for such services. The fee shall be in accordance with standards established by the Tennessee Registry of Interpreters for the Deaf, in addition to actual expenses for travel and transportation. When the interpreter is appointed by a court, the fee shall be paid out of general county funds and when the interpreter is otherwise appointed the fee shall be paid out of funds available to the appointing authority. Acts 1957, ch. 233, §§ 1, 2; 1977, ch. 123, § 1; T.C.A., § 24-108; Acts 1981, ch. 66, § 1; T.C.A., § 24-1-103 ; Acts 2001, ch. 174, § 3.
(a) As used in this section: (1) "Deaf person" means a person with a hearing loss so great as to prevent such person from understanding language spoken in a normal tone. "Deaf person" further includes, but is not limited to, a person who is mute and a person who is both deaf and mute. The archaic term "dumb" that formerly related to deaf people shall hereafter be struck from all future state publications that in any way refer to the deaf; (2) "Oral interpreter" means a person who interprets language through facial and lip movements only and who does not use manual communication. An oral interpreter shall be provided upon the request of a deaf person who does not communicate in sign language. The right of a deaf person to an interpreter may not be waived except by a deaf person who does not use sign language and who initiates such request for waiver in writing. Such waiver is subject to approval of counsel to such deaf person, if existent, and is subject to approval of the appointing authority; and (3) "Qualified interpreter" means an interpreter certified by the National Registry of Interpreters for the Deaf, Tennessee Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is not available, an interpreter whose qualifications are otherwise determined. Efforts to obtain the services of a qualified interpreter certified with a Legal Skills Certificate or a Comprehensive Skills Certificate will be made prior to accepting services of an interpreter with lesser certification. No "qualified interpreter" shall be appointed unless the appointing authority and the deaf person make a preliminary determination that the interpreter is able to readily communicate with the deaf person and is able to accurately interpret the statements of the deaf person and interpret the proceedings in which a deaf person may be involved.
(1) "Deaf person" means a person with a hearing loss so great as to prevent such person from understanding language spoken in a normal tone. "Deaf person" further includes, but is not limited to, a person who is mute and a person who is both deaf and mute. The archaic term "dumb" that formerly related to deaf people shall hereafter be struck from all future state publications that in any way refer to the deaf;
(2) "Oral interpreter" means a person who interprets language through facial and lip movements only and who does not use manual communication. An oral interpreter shall be provided upon the request of a deaf person who does not communicate in sign language. The right of a deaf person to an interpreter may not be waived except by a deaf person who does not use sign language and who initiates such request for waiver in writing. Such waiver is subject to approval of counsel to such deaf person, if existent, and is subject to approval of the appointing authority; and
(3) "Qualified interpreter" means an interpreter certified by the National Registry of Interpreters for the Deaf, Tennessee Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is not available, an interpreter whose qualifications are otherwise determined. Efforts to obtain the services of a qualified interpreter certified with a Legal Skills Certificate or a Comprehensive Skills Certificate will be made prior to accepting services of an interpreter with lesser certification. No "qualified interpreter" shall be appointed unless the appointing authority and the deaf person make a preliminary determination that the interpreter is able to readily communicate with the deaf person and is able to accurately interpret the statements of the deaf person and interpret the proceedings in which a deaf person may be involved.
(b) (1) In any case in law or equity before any court or the grand jury, wherein any deaf person is a party to such action, either as a complainant, defendant, or witness, the court shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and interpret the person's testimony or statements and to assist in preparation with counsel. (2) In any proceeding before any department, board, commission, agency, or licensing authority of the state, or any political subdivision or municipality, wherein any deaf person is a principal party of interest, either as a complainant, defendant, witness or supplicant, any department, board, commission, agency, or licensing authority of the state or any political subdivision or municipality wherein such shall appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the person's testimony or statements. (3) In the event a person who is deaf is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officers' and the arresting officers' superiors shall procure a qualified interpreter in order to properly interrogate such deaf person and to interpret such person's statements. No statement taken from such deaf person before an interpreter is present may be admissible in court.
(1) In any case in law or equity before any court or the grand jury, wherein any deaf person is a party to such action, either as a complainant, defendant, or witness, the court shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and interpret the person's testimony or statements and to assist in preparation with counsel.
(2) In any proceeding before any department, board, commission, agency, or licensing authority of the state, or any political subdivision or municipality, wherein any deaf person is a principal party of interest, either as a complainant, defendant, witness or supplicant, any department, board, commission, agency, or licensing authority of the state or any political subdivision or municipality wherein such shall appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the person's testimony or statements.
(3) In the event a person who is deaf is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officers' and the arresting officers' superiors shall procure a qualified interpreter in order to properly interrogate such deaf person and to interpret such person's statements. No statement taken from such deaf person before an interpreter is present may be admissible in court.
(c) Every deaf person whose appearance before a proceeding entitles such person to an interpreter should notify the appointing authority of such need prior to any appearance and should request at such time the services of an interpreter; provided, that where a deaf person reasonably expects the need for an interpreter to be for a period greater than a single day, such person should notify the appointing authority and such notification shall be sufficient for the duration of the person's participation in the proceedings.
(d) An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of deafness when the appointing authority has reason to believe that the person is not deaf.
(e) (1) It shall be the responsibility of the appointing authority to channel requests for qualified interpreters through: (A) Local interpreter/referral centers for the deaf; (B) The Tennessee Registry of Interpreters for the Deaf; (C) The Tennessee council for the deaf and hard of hearing; or, in the alternative, (D) The department of human services, division of vocational rehabilitation. (2) It is the responsibility of the Tennessee Registry of Interpreters for the Deaf to compile and update annually a listing of qualified interpreters and to make this listing available to authorities in possible need of interpreter service as provided in this section.
(1) It shall be the responsibility of the appointing authority to channel requests for qualified interpreters through: (A) Local interpreter/referral centers for the deaf; (B) The Tennessee Registry of Interpreters for the Deaf; (C) The Tennessee council for the deaf and hard of hearing; or, in the alternative, (D) The department of human services, division of vocational rehabilitation.
(A) Local interpreter/referral centers for the deaf;
(B) The Tennessee Registry of Interpreters for the Deaf;
(C) The Tennessee council for the deaf and hard of hearing; or, in the alternative,
(D) The department of human services, division of vocational rehabilitation.
(2) It is the responsibility of the Tennessee Registry of Interpreters for the Deaf to compile and update annually a listing of qualified interpreters and to make this listing available to authorities in possible need of interpreter service as provided in this section.
(f) Before a qualified interpreter will participate in any proceedings subsequent to an appointment under this section, such interpreter shall make an oath or affirmation that such interpreter will make a true interpretation in an understandable manner to the deaf person for whom the interpreter is appointed and that such interpreter will interpret the statements of the deaf person desiring that statements be made, in the English language to the best of such interpreter's skill and judgment. The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter so indicates. Any and all information that the interpreter gathers from the deaf person pertaining to any proceeding then pending shall at all times remain confidential and privileged, or on an equal basis with the attorney-client privilege, unless such deaf person desires that such information be communicated to other persons.
(g) An interpreter appointed under this section shall be entitled to a reasonable fee for such services. The fee shall be in accordance with standards established by the Tennessee Registry of Interpreters for the Deaf, in addition to actual expenses for travel and transportation. When the interpreter is appointed by a court, the fee shall be paid out of general county funds and when the interpreter is otherwise appointed the fee shall be paid out of funds available to the appointing authority.
Acts 1957, ch. 233, §§ 1, 2; 1977, ch. 123, § 1; T.C.A., § 24-108; Acts 1981, ch. 66, § 1; T.C.A., § 24-1-103 ; Acts 2001, ch. 174, § 3.
Tenn. Code Ann. § 24-8-109 — TN Code / Title 24 / Chapter 8 / Section 24-8-109
Lost records
Status: in_force

Any record, proceeding, or paper filed in an action, either at law or equity, if lost or mislaid unintentionally, or fraudulently made away with, may be supplied, upon application, under the orders of the court, by the best evidence of which the nature of the case will admit. Code 1858, § 3907 (deriv. Acts 1847-1848, ch. 116, § 1); Shan., §5701; Code 1932, § 9887; T.C.A. (orig. ed.), § 24-809.
Any record, proceeding, or paper filed in an action, either at law or equity, if lost or mislaid unintentionally, or fraudulently made away with, may be supplied, upon application, under the orders of the court, by the best evidence of which the nature of the case will admit.
Code 1858, § 3907 (deriv. Acts 1847-1848, ch. 116, § 1); Shan., §5701; Code 1932, § 9887; T.C.A. (orig. ed.), § 24-809.
Tenn. Code Ann. § 24-7-115 — TN Code / Title 24 / Chapter 7 / Section 24-7-115
Opinions as to medical findings
Status: in_force

In the trial of any civil suit, there shall be received in evidence if offered on behalf of any party thereto, opinions as to medical findings as a result of treatment or examination of the party, whether such opinions are based on subjective or objective findings; provided such opinions are those of persons otherwise qualified as medical experts. It is declared to be the intent of this section that medical opinions based on subjective findings are no longer to be excluded from evidence whether the opinion is from the treating expert or an expert called in for purposes of examination and evaluation. Acts 1967, ch. 262, § 1; T.C.A.; § 24-718, T.C.A., § 24-7-114 .
In the trial of any civil suit, there shall be received in evidence if offered on behalf of any party thereto, opinions as to medical findings as a result of treatment or examination of the party, whether such opinions are based on subjective or objective findings; provided such opinions are those of persons otherwise qualified as medical experts. It is declared to be the intent of this section that medical opinions based on subjective findings are no longer to be excluded from evidence whether the opinion is from the treating expert or an expert called in for purposes of examination and evaluation.
Acts 1967, ch. 262, § 1; T.C.A.; § 24-718, T.C.A., § 24-7-114 .
Tenn. Code Ann. § 24-1-209 — TN Code / Title 24 / Chapter 1 / Section 24-1-209
Communication between attorney and private detective privileged
Status: in_force

Communication between an attorney and a private detective or investigator hired by such attorney, while acting in their respective professional capacities shall be privileged communications. Acts 1973, ch. 339, § 1; T.C.A., § 24-116.
Communication between an attorney and a private detective or investigator hired by such attorney, while acting in their respective professional capacities shall be privileged communications.
Acts 1973, ch. 339, § 1; T.C.A., § 24-116.
Tenn. Code Ann. § 24-1-210 — TN Code / Title 24 / Chapter 1 / Section 24-1-210
Interpreters - Dual party relay operators
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Dual party relay operator" means a person who facilitates communication over the telephone between persons, one (1) of whom depends on the use of a special device for transmitting text rather than the spoken voice through the telephone line; and (2) "Interpreter" means a person who facilitates communication between persons who are unable to communicate with one another directly without such facilitation. (b) No interpreter or dual party relay operator shall be permitted or required to disclose information obtained by virtue of facilitating any confidential communication. (c) No interpreter or dual party relay operator shall be discharged or discriminated against for complying with the provisions of subsection (b). Acts 1990, ch. 810, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Dual party relay operator" means a person who facilitates communication over the telephone between persons, one (1) of whom depends on the use of a special device for transmitting text rather than the spoken voice through the telephone line; and (2) "Interpreter" means a person who facilitates communication between persons who are unable to communicate with one another directly without such facilitation.
(1) "Dual party relay operator" means a person who facilitates communication over the telephone between persons, one (1) of whom depends on the use of a special device for transmitting text rather than the spoken voice through the telephone line; and
(2) "Interpreter" means a person who facilitates communication between persons who are unable to communicate with one another directly without such facilitation.
(b) No interpreter or dual party relay operator shall be permitted or required to disclose information obtained by virtue of facilitating any confidential communication.
(c) No interpreter or dual party relay operator shall be discharged or discriminated against for complying with the provisions of subsection (b).
Acts 1990, ch. 810, § 1.
Tenn. Code Ann. § 24-5-107 — TN Code / Title 24 / Chapter 5 / Section 24-5-107
Sworn accounts
Status: in_force

(a) An account on which action is brought, coming from another state or another county of this state, or from the county where suit is brought, with the affidavit of the plaintiff or its agent to its correctness, and the certificate of a state commissioner annexed thereto, or the certificate of a notary public with such notary public's official seal annexed thereto, or the certificate of a judge of the court of general sessions, with the certificate of the county clerk that such judge is an acting judge within the county, is conclusive against the party sought to be charged, unless that party on oath denies the account or except as allowed under subsection (b). (b) The court shall allow the defendant orally to deny the account under oath and assert any defense or objection the defendant may have. Upon such denial, on the plaintiff's motion, or in the interest of justice, the judge shall continue the action to a date certain for trial. Code 1858, § 3780 (deriv. Acts 1819, ch. 25, § 1); Acts 1866-1867, ch. 30, § 3; 1879, ch. 40, § 1; 1903, ch. 33, § 1; Shan., § 5561; Code 1932, § 9732; Acts 1957, ch. 68, §1; modified; impl. am. Acts 1978, ch. 934, §§ 22, 36; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), § 24-509; Acts 1995, ch. 519, § 1.
(a) An account on which action is brought, coming from another state or another county of this state, or from the county where suit is brought, with the affidavit of the plaintiff or its agent to its correctness, and the certificate of a state commissioner annexed thereto, or the certificate of a notary public with such notary public's official seal annexed thereto, or the certificate of a judge of the court of general sessions, with the certificate of the county clerk that such judge is an acting judge within the county, is conclusive against the party sought to be charged, unless that party on oath denies the account or except as allowed under subsection (b).
(b) The court shall allow the defendant orally to deny the account under oath and assert any defense or objection the defendant may have. Upon such denial, on the plaintiff's motion, or in the interest of justice, the judge shall continue the action to a date certain for trial.
Code 1858, § 3780 (deriv. Acts 1819, ch. 25, § 1); Acts 1866-1867, ch. 30, § 3; 1879, ch. 40, § 1; 1903, ch. 33, § 1; Shan., § 5561; Code 1932, § 9732; Acts 1957, ch. 68, §1; modified; impl. am. Acts 1978, ch. 934, §§ 22, 36; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), § 24-509; Acts 1995, ch. 519, § 1.
Tenn. Code Ann. § 24-9-206 — TN Code / Title 24 / Chapter 9 / Section 24-9-206
Application to court
Status: in_force

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 24-9-203 shall comply with the applicable rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted. Acts 2008, ch. 908, § 1.
An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 24-9-203 shall comply with the applicable rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.
Acts 2008, ch. 908, § 1.
Tenn. Code Ann. § 24-9-202 — TN Code / Title 24 / Chapter 9 / Section 24-9-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Foreign jurisdiction" means a state other than Tennessee; (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction; (3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity; (4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, federally recognized Indian tribes, or any territory or insular possession subject to the jurisdiction of the United States; and (5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to: (A) Attend and give testimony at a deposition; (B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or (C) Permit inspection of premises under the control of the person. Acts 2008, ch. 908, § 1.
As used in this part, unless the context otherwise requires:
(1) "Foreign jurisdiction" means a state other than Tennessee;
(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction;
(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity;
(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, federally recognized Indian tribes, or any territory or insular possession subject to the jurisdiction of the United States; and
(5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to: (A) Attend and give testimony at a deposition; (B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or (C) Permit inspection of premises under the control of the person.
(A) Attend and give testimony at a deposition;
(B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(C) Permit inspection of premises under the control of the person.
Acts 2008, ch. 908, § 1.
Tenn. Code Ann. § 24-5-103 — TN Code / Title 24 / Chapter 5 / Section 24-5-103
Notary's certificate as to notice of dishonor
Status: in_force

The certificate of a notary public in or on the notary's protest, that such notary public has given the parties to negotiable paper notice of the dishonor, is prima facie evidence of the facts stated in the certificate; and, in like manner, entries in such notary public's books to the same effect are prima facie evidence, in case of the notary's death, of the facts therein stated. Code 1858, § 3787 (deriv. Acts 1819, ch. 49, § 2; 1820, ch. 25, §4; 1835-1836, ch. 11, § 5); Shan., § 5568; Code 1932, §9739; T.C.A. (orig. ed.), § 24-505.
The certificate of a notary public in or on the notary's protest, that such notary public has given the parties to negotiable paper notice of the dishonor, is prima facie evidence of the facts stated in the certificate; and, in like manner, entries in such notary public's books to the same effect are prima facie evidence, in case of the notary's death, of the facts therein stated.
Code 1858, § 3787 (deriv. Acts 1819, ch. 49, § 2; 1820, ch. 25, §4; 1835-1836, ch. 11, § 5); Shan., § 5568; Code 1932, §9739; T.C.A. (orig. ed.), § 24-505.
Tenn. Code Ann. § 24-9-207 — TN Code / Title 24 / Chapter 9 / Section 24-9-207
Award of attorney's fees and expenses
Status: in_force

If the court grants a motion to modify or quash a subpoena issued pursuant to this part, the court, in its discretion, may award the party subpoenaed its reasonable attorney's fees and expenses incurred in defending against the subpoena. A final order of the court awarding attorney's fees and expenses shall have the status of a judgment entitled to full faith and credit under the constitution of the United States. If the court sustains the subpoena as issued, the court in its discretion may award the prevailing party its reasonable attorney's fees and expenses. Acts 2008, ch. 908, § 1.
If the court grants a motion to modify or quash a subpoena issued pursuant to this part, the court, in its discretion, may award the party subpoenaed its reasonable attorney's fees and expenses incurred in defending against the subpoena. A final order of the court awarding attorney's fees and expenses shall have the status of a judgment entitled to full faith and credit under the constitution of the United States. If the court sustains the subpoena as issued, the court in its discretion may award the prevailing party its reasonable attorney's fees and expenses.
Acts 2008, ch. 908, § 1.
Tenn. Code Ann. § 24-9-137 — TN Code / Title 24 / Chapter 9 / Section 24-9-137
Person forbidden to take deposition pursuant to Section 24-9-136 not to record or transcribe any hearing concerning action
Status: in_force

Any person forbidden to take a deposition in an action pursuant to § 24-9-136 shall not record or transcribe for submission to any court or administrative tribunal any hearing before any court or administrative agency concerning the action. Acts 2009 , ch. 427, § 2.
Any person forbidden to take a deposition in an action pursuant to § 24-9-136 shall not record or transcribe for submission to any court or administrative tribunal any hearing before any court or administrative agency concerning the action.
Acts 2009 , ch. 427, § 2.
Tenn. Code Ann. § 24-7-101 — TN Code / Title 24 / Chapter 7 / Section 24-7-101
Child's out-of-court, non-testimonial statement
Status: in_force

(a) An out-of-court, non-testimonial statement made by a child who is under twelve (12) years of age at the time of a criminal trial describing any sexual act performed by, with, or on the child or describing any act of physical violence directed against the child shall not be excluded from evidence at the criminal trial as hearsay if all of the following apply: (1) The court finds that the totality of the circumstances surrounding the making of the statement provides particularized guarantees of trustworthiness that make the statement at least as reliable as statements admitted pursuant to Rules 803 and 804 of the Tennessee Rules of Evidence. The circumstances shall establish that the child was particularly likely to be telling the truth when the statement was made and that the test of cross-examination would add little to the reliability of the statement. In making a determination of the reliability of the statement, the court shall consider all of the circumstances surrounding the making of the statement, including, but not limited to, the spontaneity, internal consistency of the statement, mental state of the child, child's motive or lack of motive to fabricate, child's use of terminology unexpected of a child of similar age, means by which the statement was elicited, and lapse of time between the act and the statement. In making this determination, the court shall not consider whether independent proof exists of the sexual act or act of physical violence; (2) The child's testimony is not reasonably obtainable by the proponent of the statement; (3) Independent proof exists of the sexual act or act of physical violence; and (4) At least ten (10) days before the trial or hearing, a proponent of the statement has notified all other parties in writing of the content of the statement, the time and place at which the statement was made, the identity of the witness who is to testify about the statement, and the circumstances surrounding the statement that are claimed to indicate trustworthiness of the statement. (b) The child's testimony is not reasonably obtainable by the proponent of the statement under subdivision (a)(2) only if: (1) The child refuses to testify concerning the subject matter of the statement or claims a lack of memory of the subject matter of the statement after a person trusted by the child, in the presence of the court, urges the child to both describe the acts described by the statement and to testify; (2) The court finds that: (A) The child is absent from the trial or hearing; (B) The proponent of the statement has been unable to procure the child's attendance or testimony by process or other reasonable means despite a good faith effort to do so; and (C) It is probable that the proponent would be unable to procure the child's testimony or attendance if the trial or hearing were delayed for a reasonable time; or (3) The court finds that: (A) The child is unable to testify at the trial or hearing because of death or then-existing physical or mental illness or infirmity; and (B) The illness or infirmity would not improve sufficiently to permit the child to testify if the trial or hearing were delayed for a reasonable time. (c) The proponent of the statement fails to establish that the child's testimony or attendance is not reasonably obtainable under subdivision (a)(2) if the child's refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of the statement for the purpose of preventing the child from attending or testifying. (d) The court shall make the findings required by this section on the basis of a hearing conducted outside the presence of the jury and shall make findings of fact on the record, as to the bases for the court's ruling. (e) Nothing in this section shall affect the admissibility of evidence admitted under § 24-7-117 or § 24-7-120 . Acts 2018, ch. 708, § 1.
(a) An out-of-court, non-testimonial statement made by a child who is under twelve (12) years of age at the time of a criminal trial describing any sexual act performed by, with, or on the child or describing any act of physical violence directed against the child shall not be excluded from evidence at the criminal trial as hearsay if all of the following apply: (1) The court finds that the totality of the circumstances surrounding the making of the statement provides particularized guarantees of trustworthiness that make the statement at least as reliable as statements admitted pursuant to Rules 803 and 804 of the Tennessee Rules of Evidence. The circumstances shall establish that the child was particularly likely to be telling the truth when the statement was made and that the test of cross-examination would add little to the reliability of the statement. In making a determination of the reliability of the statement, the court shall consider all of the circumstances surrounding the making of the statement, including, but not limited to, the spontaneity, internal consistency of the statement, mental state of the child, child's motive or lack of motive to fabricate, child's use of terminology unexpected of a child of similar age, means by which the statement was elicited, and lapse of time between the act and the statement. In making this determination, the court shall not consider whether independent proof exists of the sexual act or act of physical violence; (2) The child's testimony is not reasonably obtainable by the proponent of the statement; (3) Independent proof exists of the sexual act or act of physical violence; and (4) At least ten (10) days before the trial or hearing, a proponent of the statement has notified all other parties in writing of the content of the statement, the time and place at which the statement was made, the identity of the witness who is to testify about the statement, and the circumstances surrounding the statement that are claimed to indicate trustworthiness of the statement.
(1) The court finds that the totality of the circumstances surrounding the making of the statement provides particularized guarantees of trustworthiness that make the statement at least as reliable as statements admitted pursuant to Rules 803 and 804 of the Tennessee Rules of Evidence. The circumstances shall establish that the child was particularly likely to be telling the truth when the statement was made and that the test of cross-examination would add little to the reliability of the statement. In making a determination of the reliability of the statement, the court shall consider all of the circumstances surrounding the making of the statement, including, but not limited to, the spontaneity, internal consistency of the statement, mental state of the child, child's motive or lack of motive to fabricate, child's use of terminology unexpected of a child of similar age, means by which the statement was elicited, and lapse of time between the act and the statement. In making this determination, the court shall not consider whether independent proof exists of the sexual act or act of physical violence;
(2) The child's testimony is not reasonably obtainable by the proponent of the statement;
(3) Independent proof exists of the sexual act or act of physical violence; and
(4) At least ten (10) days before the trial or hearing, a proponent of the statement has notified all other parties in writing of the content of the statement, the time and place at which the statement was made, the identity of the witness who is to testify about the statement, and the circumstances surrounding the statement that are claimed to indicate trustworthiness of the statement.
(b) The child's testimony is not reasonably obtainable by the proponent of the statement under subdivision (a)(2) only if: (1) The child refuses to testify concerning the subject matter of the statement or claims a lack of memory of the subject matter of the statement after a person trusted by the child, in the presence of the court, urges the child to both describe the acts described by the statement and to testify; (2) The court finds that: (A) The child is absent from the trial or hearing; (B) The proponent of the statement has been unable to procure the child's attendance or testimony by process or other reasonable means despite a good faith effort to do so; and (C) It is probable that the proponent would be unable to procure the child's testimony or attendance if the trial or hearing were delayed for a reasonable time; or (3) The court finds that: (A) The child is unable to testify at the trial or hearing because of death or then-existing physical or mental illness or infirmity; and (B) The illness or infirmity would not improve sufficiently to permit the child to testify if the trial or hearing were delayed for a reasonable time.
(1) The child refuses to testify concerning the subject matter of the statement or claims a lack of memory of the subject matter of the statement after a person trusted by the child, in the presence of the court, urges the child to both describe the acts described by the statement and to testify;
(2) The court finds that: (A) The child is absent from the trial or hearing; (B) The proponent of the statement has been unable to procure the child's attendance or testimony by process or other reasonable means despite a good faith effort to do so; and (C) It is probable that the proponent would be unable to procure the child's testimony or attendance if the trial or hearing were delayed for a reasonable time; or
(A) The child is absent from the trial or hearing;
(B) The proponent of the statement has been unable to procure the child's attendance or testimony by process or other reasonable means despite a good faith effort to do so; and
(C) It is probable that the proponent would be unable to procure the child's testimony or attendance if the trial or hearing were delayed for a reasonable time; or
(3) The court finds that: (A) The child is unable to testify at the trial or hearing because of death or then-existing physical or mental illness or infirmity; and (B) The illness or infirmity would not improve sufficiently to permit the child to testify if the trial or hearing were delayed for a reasonable time.
(A) The child is unable to testify at the trial or hearing because of death or then-existing physical or mental illness or infirmity; and
(B) The illness or infirmity would not improve sufficiently to permit the child to testify if the trial or hearing were delayed for a reasonable time.
(c) The proponent of the statement fails to establish that the child's testimony or attendance is not reasonably obtainable under subdivision (a)(2) if the child's refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of the statement for the purpose of preventing the child from attending or testifying.
(d) The court shall make the findings required by this section on the basis of a hearing conducted outside the presence of the jury and shall make findings of fact on the record, as to the bases for the court's ruling.
(e) Nothing in this section shall affect the admissibility of evidence admitted under § 24-7-117 or § 24-7-120 .
Acts 2018, ch. 708, § 1.
Tenn. Code Ann. § 24-4-101 — TN Code / Title 24 / Chapter 4 / Section 24-4-101
Basic per diem and mileage
Status: in_force

(a) A witness in a court of record shall receive compensation of one dollar ($1.00) per day for each day's necessary attendance. When a witness resides at a distance greater than ten (10) miles, such witness shall receive four cents (4¢) per mile for going to and returning from court, and tolls and ferriages as allowed by law. Mileage, tolls and ferriages shall be allowed only for one (1) trip going and returning during the term of any court, unless the witness is discharged by the parties, to return, and does return, upon a given day. (b) Witnesses in courts of record attending under subpoena in a civil matter shall receive upon request to the clerk thirty dollars ($30.00) per day for such attendance. In addition, when such witness resides at a distance of greater than ten (10) miles from the court, the witness shall, upon request to the clerk, also receive reimbursement for travel expenses for each mile traveled when going to and returning from such court at the rate allowable under the state comprehensive travel regulations in effect at that time. All such compensation and reimbursement shall be taxed as cost. (c) No witness attending any court of record under subpoena in a civil matter shall be entitled to receive the witness compensation and travel expense reimbursement provided for by subsection (b) until such compensation and reimbursement have been taxed and collected as cost by the clerk of the court of record in which such witness has appeared while under subpoena. Nothing in this subsection (c) shall be construed as preventing the party causing a subpoena to be issued from advancing travel expenses or attendance fees to witnesses. Acts 1859-1860, ch. 22; Shan., § 5617; Code 1932, § 9799; T.C.A. (orig. ed.), § 24-401; Acts 1990, ch. 801, § 1; 1991, ch. 354, § 1.
(a) A witness in a court of record shall receive compensation of one dollar ($1.00) per day for each day's necessary attendance. When a witness resides at a distance greater than ten (10) miles, such witness shall receive four cents (4¢) per mile for going to and returning from court, and tolls and ferriages as allowed by law. Mileage, tolls and ferriages shall be allowed only for one (1) trip going and returning during the term of any court, unless the witness is discharged by the parties, to return, and does return, upon a given day.
(b) Witnesses in courts of record attending under subpoena in a civil matter shall receive upon request to the clerk thirty dollars ($30.00) per day for such attendance. In addition, when such witness resides at a distance of greater than ten (10) miles from the court, the witness shall, upon request to the clerk, also receive reimbursement for travel expenses for each mile traveled when going to and returning from such court at the rate allowable under the state comprehensive travel regulations in effect at that time. All such compensation and reimbursement shall be taxed as cost.
(c) No witness attending any court of record under subpoena in a civil matter shall be entitled to receive the witness compensation and travel expense reimbursement provided for by subsection (b) until such compensation and reimbursement have been taxed and collected as cost by the clerk of the court of record in which such witness has appeared while under subpoena. Nothing in this subsection (c) shall be construed as preventing the party causing a subpoena to be issued from advancing travel expenses or attendance fees to witnesses.
Acts 1859-1860, ch. 22; Shan., § 5617; Code 1932, § 9799; T.C.A. (orig. ed.), § 24-401; Acts 1990, ch. 801, § 1; 1991, ch. 354, § 1.
Tenn. Code Ann. § 24-8-104 — TN Code / Title 24 / Chapter 8 / Section 24-8-104
Requirement of indemnity bond
Status: in_force

The court, before whom the action is tried, may, in case recovery is had upon a lost instrument, require the party claiming under it to give bond with good security, in double the amount of the claim, payable to the opposite party, and conditioned to indemnify such party against any demand by action on such lost instrument; and execution shall be stayed until such bond is given. Code 1858, § 3904 (deriv. Acts 1819, ch. 27, § 6); Shan., § 5697; Code 1932, § 9882; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 24-804.
The court, before whom the action is tried, may, in case recovery is had upon a lost instrument, require the party claiming under it to give bond with good security, in double the amount of the claim, payable to the opposite party, and conditioned to indemnify such party against any demand by action on such lost instrument; and execution shall be stayed until such bond is given.
Code 1858, § 3904 (deriv. Acts 1819, ch. 27, § 6); Shan., § 5697; Code 1932, § 9882; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 24-804.
Tenn. Code Ann. § 24-1-204 — TN Code / Title 24 / Chapter 1 / Section 24-1-204
Communications during crisis intervention
Status: in_force

(a) As used in this section: (1) "Crisis intervention" means a session at which crisis response services are rendered by a critical incident stress management team member or leader prior to, during, or after a crisis or disaster; (2) "Crisis response services" means consultation, risk assessment, prevention interventions, referral, and crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster; (3) "Critical incident stress management team member or team leader," referred to also as "team member," or "team leader," means an individual specially trained to provide crisis response services as a member or leader of an organized community or local crisis response team that holds membership in a registered critical incident stress management team; (4) "Registered team" means a team formally registered with a recognized training agency. A recognized training agency shall include the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the American Red Cross, the Tennessee Public Safety Network and other such organizations; (5) "Training session" means a session providing crisis response training by a qualified trained trainer utilizing the standards established by the accrediting agencies set out in subdivision (a)(4); and (6) "Volunteer" means a person who serves and receives no remuneration for services except reimbursement for actual expenses. (b) All communications between a team member or team leader providing, and a group participant or person participating in, a crisis intervention shall be considered confidential and no such person shall be required to disclose any such communication unless otherwise required by law or rule of court. (c) Except as provided under subsection (d), no person, whether a team member, team leader or group participant, providing or participating in a crisis intervention shall be required to testify or divulge any information obtained solely through such crisis intervention. (d) The testimonial privilege established under subsection (c) shall not apply if any of the following are true: (1) The communication indicates the existence of a danger to the individual who receives crisis response services or to any other person or persons; (2) The communication indicates the existence of past or present child abuse or neglect of the individual, abuse of an adult as defined in title 71, chapter 6 or family violence as defined in title 71, chapter 6, part 2; (3) The communication indicates the existence of past or present acts constituting an intentional tort or crime; provided, that the applicable statute of limitation has not expired on the act indicated; or (4) All parties involved in the crisis intervention, including the individual or individuals who received crisis response services, expressly waive the privilege and consent to the testimony. Amended by 2021 Tenn. Acts, ch. 245, s 1, eff. 7/1/2021. Acts 2009 , ch. 332, § 1; 2010 , ch. 618, § 1.
(a) As used in this section: (1) "Crisis intervention" means a session at which crisis response services are rendered by a critical incident stress management team member or leader prior to, during, or after a crisis or disaster; (2) "Crisis response services" means consultation, risk assessment, prevention interventions, referral, and crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster; (3) "Critical incident stress management team member or team leader," referred to also as "team member," or "team leader," means an individual specially trained to provide crisis response services as a member or leader of an organized community or local crisis response team that holds membership in a registered critical incident stress management team; (4) "Registered team" means a team formally registered with a recognized training agency. A recognized training agency shall include the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the American Red Cross, the Tennessee Public Safety Network and other such organizations; (5) "Training session" means a session providing crisis response training by a qualified trained trainer utilizing the standards established by the accrediting agencies set out in subdivision (a)(4); and (6) "Volunteer" means a person who serves and receives no remuneration for services except reimbursement for actual expenses.
(1) "Crisis intervention" means a session at which crisis response services are rendered by a critical incident stress management team member or leader prior to, during, or after a crisis or disaster;
(2) "Crisis response services" means consultation, risk assessment, prevention interventions, referral, and crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster;
(3) "Critical incident stress management team member or team leader," referred to also as "team member," or "team leader," means an individual specially trained to provide crisis response services as a member or leader of an organized community or local crisis response team that holds membership in a registered critical incident stress management team;
(4) "Registered team" means a team formally registered with a recognized training agency. A recognized training agency shall include the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the American Red Cross, the Tennessee Public Safety Network and other such organizations;
(5) "Training session" means a session providing crisis response training by a qualified trained trainer utilizing the standards established by the accrediting agencies set out in subdivision (a)(4); and
(6) "Volunteer" means a person who serves and receives no remuneration for services except reimbursement for actual expenses.
(b) All communications between a team member or team leader providing, and a group participant or person participating in, a crisis intervention shall be considered confidential and no such person shall be required to disclose any such communication unless otherwise required by law or rule of court.
(c) Except as provided under subsection (d), no person, whether a team member, team leader or group participant, providing or participating in a crisis intervention shall be required to testify or divulge any information obtained solely through such crisis intervention.
(d) The testimonial privilege established under subsection (c) shall not apply if any of the following are true: (1) The communication indicates the existence of a danger to the individual who receives crisis response services or to any other person or persons; (2) The communication indicates the existence of past or present child abuse or neglect of the individual, abuse of an adult as defined in title 71, chapter 6 or family violence as defined in title 71, chapter 6, part 2; (3) The communication indicates the existence of past or present acts constituting an intentional tort or crime; provided, that the applicable statute of limitation has not expired on the act indicated; or (4) All parties involved in the crisis intervention, including the individual or individuals who received crisis response services, expressly waive the privilege and consent to the testimony.
(1) The communication indicates the existence of a danger to the individual who receives crisis response services or to any other person or persons;
(2) The communication indicates the existence of past or present child abuse or neglect of the individual, abuse of an adult as defined in title 71, chapter 6 or family violence as defined in title 71, chapter 6, part 2;
(3) The communication indicates the existence of past or present acts constituting an intentional tort or crime; provided, that the applicable statute of limitation has not expired on the act indicated; or
(4) All parties involved in the crisis intervention, including the individual or individuals who received crisis response services, expressly waive the privilege and consent to the testimony.
Amended by 2021 Tenn. Acts, ch. 245, s 1, eff. 7/1/2021.
Acts 2009 , ch. 332, § 1; 2010 , ch. 618, § 1.
Tenn. Code Ann. § 24-5-114 — TN Code / Title 24 / Chapter 5 / Section 24-5-114
Repair bills
Status: in_force

(a) Proof that bills were incurred and paid to repair real or personal property shall create a rebuttable presumption of the reasonableness of the amount paid and the necessity for the repairs in any civil action seeking damages for injury to, or improper repair, of the property. (b) This presumption shall not extend to any payments which exceed the sum total of one thousand dollars ($1,000). The plaintiff may select those payments, not exceeding one thousand dollars ($1,000), for which the plaintiff wishes to claim the benefit of the presumption. (c) Proof of such payments shall be itemized in the civil warrant or complaint at the time suit is filed by attaching a list showing payments, amounts, person paid, goods or services for which payment was made and a copy of any invoice, bill or receipt. Failure to attach the invoice, bill, or receipt may be excused, in the court's discretion, if none was rendered, it was lost and cannot be found after diligent search or it has been inadvertently destroyed. (d) In no event may the presumption created by this section be permitted, over objection, by an amendment to the civil warrant or complaint within thirty (30) days of the trial. (e) At the trial of the cause, any such payments may be introduced into evidence as though there had been competent testimony as to their reasonableness in amount and necessity, but shall constitute no proof of any wrongdoing by the defendant. Acts 1984, ch. 621, § 1.
(a) Proof that bills were incurred and paid to repair real or personal property shall create a rebuttable presumption of the reasonableness of the amount paid and the necessity for the repairs in any civil action seeking damages for injury to, or improper repair, of the property.
(b) This presumption shall not extend to any payments which exceed the sum total of one thousand dollars ($1,000). The plaintiff may select those payments, not exceeding one thousand dollars ($1,000), for which the plaintiff wishes to claim the benefit of the presumption.
(c) Proof of such payments shall be itemized in the civil warrant or complaint at the time suit is filed by attaching a list showing payments, amounts, person paid, goods or services for which payment was made and a copy of any invoice, bill or receipt. Failure to attach the invoice, bill, or receipt may be excused, in the court's discretion, if none was rendered, it was lost and cannot be found after diligent search or it has been inadvertently destroyed.
(d) In no event may the presumption created by this section be permitted, over objection, by an amendment to the civil warrant or complaint within thirty (30) days of the trial.
(e) At the trial of the cause, any such payments may be introduced into evidence as though there had been competent testimony as to their reasonableness in amount and necessity, but shall constitute no proof of any wrongdoing by the defendant.
Acts 1984, ch. 621, § 1.
Tenn. Code Ann. § 24-8-107 — TN Code / Title 24 / Chapter 8 / Section 24-8-107
Intervention by true owner
Status: in_force

If the actual holder of such lost instrument brings an action thereon after the lost instrument has been recovered in accordance with this chapter, the true owner may intervene and defend the action. Code 1858, § 3906 (deriv. Acts 1851-1852, ch. 86, § 2); Shan., §5699; Code 1932, § 9885; T.C.A. (orig. ed.), § 24-807.
If the actual holder of such lost instrument brings an action thereon after the lost instrument has been recovered in accordance with this chapter, the true owner may intervene and defend the action.
Code 1858, § 3906 (deriv. Acts 1851-1852, ch. 86, § 2); Shan., §5699; Code 1932, § 9885; T.C.A. (orig. ed.), § 24-807.
Tenn. Code Ann. § 24-4-105 — TN Code / Title 24 / Chapter 4 / Section 24-4-105
Settlement of case
Status: in_force

If the suit in which the witness is summoned is settled in vacation, and the party summoning such witness neglects to discharge the witness from further attendance, and the witness, for want of such discharge, should attend at the next term, witness such is entitled to prove one (1) day's attendance. Code 1858, § 3835 (deriv. Acts 1794, ch. 1, § 29); Shan., § 5623; Code 1932, § 9805; T.C.A. (orig. ed.), § 24-405.
If the suit in which the witness is summoned is settled in vacation, and the party summoning such witness neglects to discharge the witness from further attendance, and the witness, for want of such discharge, should attend at the next term, witness such is entitled to prove one (1) day's attendance.
Code 1858, § 3835 (deriv. Acts 1794, ch. 1, § 29); Shan., § 5623; Code 1932, § 9805; T.C.A. (orig. ed.), § 24-405.
Tenn. Code Ann. § 24-1-201 — TN Code / Title 24 / Chapter 1 / Section 24-1-201
Married persons
Status: in_force

(a) In either a civil or criminal proceeding, no married person has privilege to refuse to take the witness stand solely because that person's spouse is a party to the proceeding. (b) In a civil proceeding, confidential communications between married persons are privileged and inadmissible if either spouse objects. This communications privilege shall not apply to proceedings between spouses or to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to, proceedings arising under title 36, chapter 1, part 1; title 37, chapter 1, parts 1, 4 and 6; title 37, chapter 2, part 4; and title 71, chapter 6, part 1. This confidential communications privilege shall not apply to any insured's obligations under a contract of insurance in civil proceedings. (c) (1) In a criminal proceeding a marital confidential communication shall be privileged if: (A) The communications originated in a confidence that they will not be disclosed; (B) The element of confidentiality is essential to the full and satisfactory maintenance of the relation between the parties; (C) The relation must be one which, in the opinion of the community, ought to be sedulously fostered; and (D) The injury to the relation by disclosure of the communications outweighs the benefit gained for the correct disposal of litigation. (2) Upon a finding that a marital communication is privileged, it shall be inadmissible if either spouse objects. Such communication privileges shall not apply to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to proceedings arising under title 37, chapter 1, parts 1 and 4; title 37, chapter 2, part 4; and title 71, chapter 6, part 1. Acts 1867-1868, ch. 75, § 1; 1868-1869, ch. 7, § 1; 1869-1870, ch. 19, § 2; 1869-1870, ch. 78; 1879, ch. 200, § 1; Shan., § 5596; Code 1932, § 9777; Acts 1949, ch. 55, § 1; C. Supp. 1950, § 9777; T.C.A. (orig. ed.), § 24-103; Acts 1995, ch. 53, § 1; 2000, ch. 831, §§ 1, 2.
(a) In either a civil or criminal proceeding, no married person has privilege to refuse to take the witness stand solely because that person's spouse is a party to the proceeding.
(b) In a civil proceeding, confidential communications between married persons are privileged and inadmissible if either spouse objects. This communications privilege shall not apply to proceedings between spouses or to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to, proceedings arising under title 36, chapter 1, part 1; title 37, chapter 1, parts 1, 4 and 6; title 37, chapter 2, part 4; and title 71, chapter 6, part 1. This confidential communications privilege shall not apply to any insured's obligations under a contract of insurance in civil proceedings.
(c) (1) In a criminal proceeding a marital confidential communication shall be privileged if: (A) The communications originated in a confidence that they will not be disclosed; (B) The element of confidentiality is essential to the full and satisfactory maintenance of the relation between the parties; (C) The relation must be one which, in the opinion of the community, ought to be sedulously fostered; and (D) The injury to the relation by disclosure of the communications outweighs the benefit gained for the correct disposal of litigation. (2) Upon a finding that a marital communication is privileged, it shall be inadmissible if either spouse objects. Such communication privileges shall not apply to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to proceedings arising under title 37, chapter 1, parts 1 and 4; title 37, chapter 2, part 4; and title 71, chapter 6, part 1.
(1) In a criminal proceeding a marital confidential communication shall be privileged if: (A) The communications originated in a confidence that they will not be disclosed; (B) The element of confidentiality is essential to the full and satisfactory maintenance of the relation between the parties; (C) The relation must be one which, in the opinion of the community, ought to be sedulously fostered; and (D) The injury to the relation by disclosure of the communications outweighs the benefit gained for the correct disposal of litigation.
(A) The communications originated in a confidence that they will not be disclosed;
(B) The element of confidentiality is essential to the full and satisfactory maintenance of the relation between the parties;
(C) The relation must be one which, in the opinion of the community, ought to be sedulously fostered; and
(D) The injury to the relation by disclosure of the communications outweighs the benefit gained for the correct disposal of litigation.
(2) Upon a finding that a marital communication is privileged, it shall be inadmissible if either spouse objects. Such communication privileges shall not apply to proceedings concerning abuse of one (1) of the spouses or abuse of a minor in the custody of or under the dominion and control of either spouse, including, but not limited to proceedings arising under title 37, chapter 1, parts 1 and 4; title 37, chapter 2, part 4; and title 71, chapter 6, part 1.
Acts 1867-1868, ch. 75, § 1; 1868-1869, ch. 7, § 1; 1869-1870, ch. 19, § 2; 1869-1870, ch. 78; 1879, ch. 200, § 1; Shan., § 5596; Code 1932, § 9777; Acts 1949, ch. 55, § 1; C. Supp. 1950, § 9777; T.C.A. (orig. ed.), § 24-103; Acts 1995, ch. 53, § 1; 2000, ch. 831, §§ 1, 2.
Tenn. Code Ann. § 24-5-112 — TN Code / Title 24 / Chapter 5 / Section 24-5-112
Continuance of reproductive capacity - Rebuttable presumption
Status: in_force

The present absolute common law presumption which prevails in Tennessee that men and women are presumed capable of having children as long as they live shall be only a prima facie presumption and rebuttable by competent evidence. Acts 1965, ch. 54, § 1; T.C.A., § 24-516.
The present absolute common law presumption which prevails in Tennessee that men and women are presumed capable of having children as long as they live shall be only a prima facie presumption and rebuttable by competent evidence.
Acts 1965, ch. 54, § 1; T.C.A., § 24-516.
Tenn. Code Ann. § 24-9-306 — TN Code / Title 24 / Chapter 9 / Section 24-9-306
Form of unsworn declaration
Status: in_force

An unsworn declaration under this part must be in substantially the following form: I declare under penalty of perjury under the law of Tennessee that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. Executed on the ______________ day of ______________, ______________, at (date) (month) (year) ____________________ ______________. (city or other location, and state) (country) ____________________ (printed name) ____________________ (signature) Acts 2010 , ch. 902, § 1.
An unsworn declaration under this part must be in substantially the following form:
I declare under penalty of perjury under the law of Tennessee that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the ______________ day of ______________, ______________, at
(date) (month) (year)
____________________ ______________.
(city or other location, and state) (country)
____________________
(printed name)
____________________
(signature)
Acts 2010 , ch. 902, § 1.
Tenn. Code Ann. § 24-2-102 — TN Code / Title 24 / Chapter 2 / Section 24-2-102
Penalty for failure to appear
Status: in_force

In default thereof, a witness forfeits to the party at whose insistence the subpoena issues, the sum of one hundred twenty-five dollars ($125), to be recovered by scire facias; and is further liable to the action of the party for the full damages sustained for want of such witness' testimony. Code 1858, § 3821 (deriv. Acts 1794, ch. 1, § 29); Shan., § 5609; Code 1932, § 9791; T.C.A. (orig. ed.), § 24-208.
In default thereof, a witness forfeits to the party at whose insistence the subpoena issues, the sum of one hundred twenty-five dollars ($125), to be recovered by scire facias; and is further liable to the action of the party for the full damages sustained for want of such witness' testimony.
Code 1858, § 3821 (deriv. Acts 1794, ch. 1, § 29); Shan., § 5609; Code 1932, § 9791; T.C.A. (orig. ed.), § 24-208.
Tenn. Code Ann. § 24-5-109 — TN Code / Title 24 / Chapter 5 / Section 24-5-109
Partnership of defendants
Status: in_force

Where two (2) or more persons are sued as partners, in law or equity, it shall not be necessary to prove the partnership unless the fact of partnership be denied under oath of those so sued. Code 1932, § 9730; T.C.A. (orig. ed.), § 24-511.
Where two (2) or more persons are sued as partners, in law or equity, it shall not be necessary to prove the partnership unless the fact of partnership be denied under oath of those so sued.
Code 1932, § 9730; T.C.A. (orig. ed.), § 24-511.
Tenn. Code Ann. § 24-7-106 — TN Code / Title 24 / Chapter 7 / Section 24-7-106
Receipts and releases
Status: in_force

All receipts, releases, and discharges in writing, whether of a debt of record or a contract under seal, or otherwise, shall have effect according to the intention of the parties thereto. However, the remittance and acceptance of a check or other instrument bearing on its face words that it is payment or satisfaction in full of a debt or obligation shall not be considered conclusive evidence of an intention that the debt or obligation for which the same is given be discharged or released; provided, that the remittee of such instrument tenders back to the remittor the funds represented by such instrument. Code 1858, § 3789; Shan., § 5570; Code 1932, § 9741; T.C.A. (orig. ed.), § 24-706; Acts 1983, ch. 456, § 1.
All receipts, releases, and discharges in writing, whether of a debt of record or a contract under seal, or otherwise, shall have effect according to the intention of the parties thereto. However, the remittance and acceptance of a check or other instrument bearing on its face words that it is payment or satisfaction in full of a debt or obligation shall not be considered conclusive evidence of an intention that the debt or obligation for which the same is given be discharged or released; provided, that the remittee of such instrument tenders back to the remittor the funds represented by such instrument.
Code 1858, § 3789; Shan., § 5570; Code 1932, § 9741; T.C.A. (orig. ed.), § 24-706; Acts 1983, ch. 456, § 1.
Tenn. Code Ann. § 24-2-103 — TN Code / Title 24 / Chapter 2 / Section 24-2-103
Scire facias by circuit court
Status: in_force

If a witness fails to appear when summoned before a judge of the court of general sessions, notary public, or commissioner, the subpoena is returned to the circuit court of the county, with the endorsement of such failure made thereon by the judge of the court of general sessions, notary public, or commissioner, and scire facias issues, as in other cases. Code 1858, § 3825; Shan., § 5613; mod. Code 1932, §9795; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 24-210; T.C.A., § 24-2-104 .
If a witness fails to appear when summoned before a judge of the court of general sessions, notary public, or commissioner, the subpoena is returned to the circuit court of the county, with the endorsement of such failure made thereon by the judge of the court of general sessions, notary public, or commissioner, and scire facias issues, as in other cases.
Code 1858, § 3825; Shan., § 5613; mod. Code 1932, §9795; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 24-210; T.C.A., § 24-2-104 .
Tenn. Code Ann. § 24-2-104 — TN Code / Title 24 / Chapter 2 / Section 24-2-104
Scire facias by general sessions judge
Status: in_force

The party at whose instance a witness is summoned before a judge of the court of general sessions, on the trial of a cause, instead of having the subpoena returned to court as in § 24-2-103 , may elect to move before the judge of the court of general sessions for judgment against the witness, in which case a conditional judgment shall be given for twenty-five dollars ($25.00), and scire facias shall issue to the witness to show cause why final judgment shall not be entered, and, on failure to show cause, final judgment shall be rendered for the penalty and costs. Code 1858, § 3826 (deriv. Acts 1851-1852, ch. 145, § 1); Shan., §5614; Code 1932, § 9796; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 24-211; T.C.A., § 24-2-105 .
The party at whose instance a witness is summoned before a judge of the court of general sessions, on the trial of a cause, instead of having the subpoena returned to court as in § 24-2-103 , may elect to move before the judge of the court of general sessions for judgment against the witness, in which case a conditional judgment shall be given for twenty-five dollars ($25.00), and scire facias shall issue to the witness to show cause why final judgment shall not be entered, and, on failure to show cause, final judgment shall be rendered for the penalty and costs.
Code 1858, § 3826 (deriv. Acts 1851-1852, ch. 145, § 1); Shan., §5614; Code 1932, § 9796; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 24-211; T.C.A., § 24-2-105 .
Tenn. Code Ann. § 24-5-111 — TN Code / Title 24 / Chapter 5 / Section 24-5-111
Negligence of bailee
Status: in_force

In all actions by a bailor against a bailee for loss or damage to personal property, proof by the bailor that the property was delivered to the bailee in good condition and that it was not returned or redelivered according to the contract, or that it was returned or redelivered in a damaged condition, shall constitute prima facie evidence that the bailee was negligent, provided the loss or damage was not due to the inherent nature of the property bailed. C. Supp. 1950, § 9746.1; T.C.A. (orig. ed.), § 24-515.
In all actions by a bailor against a bailee for loss or damage to personal property, proof by the bailor that the property was delivered to the bailee in good condition and that it was not returned or redelivered according to the contract, or that it was returned or redelivered in a damaged condition, shall constitute prima facie evidence that the bailee was negligent, provided the loss or damage was not due to the inherent nature of the property bailed.
C. Supp. 1950, § 9746.1; T.C.A. (orig. ed.), § 24-515.
Tenn. Code Ann. § 24-8-101 — TN Code / Title 24 / Chapter 8 / Section 24-8-101
Affidavit of loss
Status: in_force

Any lost instrument may be supplied by affidavit of any person acquainted with the facts, stating the contents thereof, as near as may be, and that such instrument has been unintentionally lost or mislaid, and is still the property of the person claiming under it, unpaid and unsatisfied. Code 1858, § 3901 (deriv. Acts 1819, ch. 27, § 1); Shan., § 5694; Code 1932, § 9879; T.C.A. (orig. ed.), § 24-801.
Any lost instrument may be supplied by affidavit of any person acquainted with the facts, stating the contents thereof, as near as may be, and that such instrument has been unintentionally lost or mislaid, and is still the property of the person claiming under it, unpaid and unsatisfied.
Code 1858, § 3901 (deriv. Acts 1819, ch. 27, § 1); Shan., § 5694; Code 1932, § 9879; T.C.A. (orig. ed.), § 24-801.
Tenn. Code Ann. § 24-9-303 — TN Code / Title 24 / Chapter 9 / Section 24-9-303
Applicability of part
Status: in_force

This part applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This part does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe. Acts 2010, ch. 902, § 1.
This part applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This part does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
Acts 2010, ch. 902, § 1.
Tenn. Code Ann. § 24-9-102 — TN Code / Title 24 / Chapter 9 / Section 24-9-102
General sessions cases
Status: in_force

(a) Discovery pursuant to Rules 26-37 of the Tennessee Rules of Civil Procedure, excluding physical and mental examinations under Rule 35 of such rules, may be taken in all civil cases pending in the courts of general sessions in the discretion of the court after motion showing both good cause and exceptional circumstances and pursuant to an order describing the extent and conditions of such discovery. (b) Depositions of custodians of hospital and medical records may be taken in all cases pending before the judges of the courts of general sessions, under the same rules, regulations, and restrictions as in cases pending in the courts of record. Acts 1986, ch. 750, § 1; 1988, ch. 943, § 1.
(a) Discovery pursuant to Rules 26-37 of the Tennessee Rules of Civil Procedure, excluding physical and mental examinations under Rule 35 of such rules, may be taken in all civil cases pending in the courts of general sessions in the discretion of the court after motion showing both good cause and exceptional circumstances and pursuant to an order describing the extent and conditions of such discovery.
(b) Depositions of custodians of hospital and medical records may be taken in all cases pending before the judges of the courts of general sessions, under the same rules, regulations, and restrictions as in cases pending in the courts of record.
Acts 1986, ch. 750, § 1; 1988, ch. 943, § 1.
Tenn. Code Ann. § 24-9-201 — TN Code / Title 24 / Chapter 9 / Section 24-9-201
Short title
Status: in_force

This part shall be known and may be cited as the "Uniform Interstate Depositions and Discovery Act." Acts 2008, ch. 908, § 1.
This part shall be known and may be cited as the "Uniform Interstate Depositions and Discovery Act."
Acts 2008, ch. 908, § 1.
Tenn. Code Ann. § 24-9-136 — TN Code / Title 24 / Chapter 9 / Section 24-9-136
Persons before whom depositions not to be taken - Disclosure of prohibited relationship - Video recording by lawyer or lawyer's agent - Election to void deposition
Status: in_force

(a) Unless all of the parties have entered into a written stipulation otherwise pursuant to Rule 29 of the Tennessee Rules of Civil Procedure, a deposition shall not be taken before a person who is: (1) A party to the action or an attorney for one (1) of the parties; (2) A relative, including a spouse of one (1) of the parties or of an attorney for one (1) of the parties; (3) An employee of one (1) of the parties or of an attorney for one (1) of the parties. As used in this subdivision (a)(3), "employee" includes a person who has a contractual relationship with a person or entity interested in the outcome of the litigation, including anyone who may ultimately be responsible for payment to provide reporting or other court services, and a person who is employed part-time or full-time under contract or otherwise by a person who has a contractual relationship with a party to provide reporting or other court services; provided, however, that this subdivision (a)(3) shall not restrict in any way the ability of an attorney or a pro se litigant to hire court reporting services on a case-by-case basis in any case where the attorney is not a party, nor restrict an attorney from reimbursement for such court reporting services; (4) Someone who has, or has had during the past two (2) years, a sexual relationship with one (1) of the parties or with an attorney for one (1) of the parties; or (5) Someone with a financial interest in the action or its outcome. (b) (1) The person before whom a deposition is to be taken shall disclose to the parties in a timely fashion the existence of any facts known to the person that are relevant to factors set forth in subsection (a). (2) A person commits a Class C misdemeanor who takes a deposition and knowingly fails or refuses to disclose any facts required by subdivision (b)(1). (c) Notwithstanding this section, if a videotaped deposition has been agreed to or ordered by the court pursuant to Rule 30 of the Tennessee Rules of Civil Procedure, any lawyer or lawyer's agent may operate the video equipment pursuant to Rules 28.01 and 30.02(4)(B). (d) (1) A deposition taken by a person described in subsection (a) is voidable at the election of any party unless: (A) After compliance with subsection (b), the parties have entered into a stipulation pursuant to Rule 29 of the Tennessee Rules of Civil Procedure; (B) An order has been entered pursuant to Rule 30.02(4)(A) of the Tennessee Rules of Civil Procedure; or (C) The party attempting to void the deposition has violated this section directly or through a related person described in subsection (a). (2) An election to void a deposition pursuant to this section shall be made within thirty (30) days of discovery of the violation of this section. (e) This section shall not apply to contracts for court reporting services for the courts, agencies or instrumentalities of the United States or the state of Tennessee. Acts 2000, ch. 741, § 2; 2002, ch. 612, §§ 1, 2; 2009, ch. 427, § 1; 2010, ch. 1016, § 1.
(a) Unless all of the parties have entered into a written stipulation otherwise pursuant to Rule 29 of the Tennessee Rules of Civil Procedure, a deposition shall not be taken before a person who is: (1) A party to the action or an attorney for one (1) of the parties; (2) A relative, including a spouse of one (1) of the parties or of an attorney for one (1) of the parties; (3) An employee of one (1) of the parties or of an attorney for one (1) of the parties. As used in this subdivision (a)(3), "employee" includes a person who has a contractual relationship with a person or entity interested in the outcome of the litigation, including anyone who may ultimately be responsible for payment to provide reporting or other court services, and a person who is employed part-time or full-time under contract or otherwise by a person who has a contractual relationship with a party to provide reporting or other court services; provided, however, that this subdivision (a)(3) shall not restrict in any way the ability of an attorney or a pro se litigant to hire court reporting services on a case-by-case basis in any case where the attorney is not a party, nor restrict an attorney from reimbursement for such court reporting services; (4) Someone who has, or has had during the past two (2) years, a sexual relationship with one (1) of the parties or with an attorney for one (1) of the parties; or (5) Someone with a financial interest in the action or its outcome.
(1) A party to the action or an attorney for one (1) of the parties;
(2) A relative, including a spouse of one (1) of the parties or of an attorney for one (1) of the parties;
(3) An employee of one (1) of the parties or of an attorney for one (1) of the parties. As used in this subdivision (a)(3), "employee" includes a person who has a contractual relationship with a person or entity interested in the outcome of the litigation, including anyone who may ultimately be responsible for payment to provide reporting or other court services, and a person who is employed part-time or full-time under contract or otherwise by a person who has a contractual relationship with a party to provide reporting or other court services; provided, however, that this subdivision (a)(3) shall not restrict in any way the ability of an attorney or a pro se litigant to hire court reporting services on a case-by-case basis in any case where the attorney is not a party, nor restrict an attorney from reimbursement for such court reporting services;
(4) Someone who has, or has had during the past two (2) years, a sexual relationship with one (1) of the parties or with an attorney for one (1) of the parties; or
(5) Someone with a financial interest in the action or its outcome.
(b) (1) The person before whom a deposition is to be taken shall disclose to the parties in a timely fashion the existence of any facts known to the person that are relevant to factors set forth in subsection (a). (2) A person commits a Class C misdemeanor who takes a deposition and knowingly fails or refuses to disclose any facts required by subdivision (b)(1).
(1) The person before whom a deposition is to be taken shall disclose to the parties in a timely fashion the existence of any facts known to the person that are relevant to factors set forth in subsection (a).
(2) A person commits a Class C misdemeanor who takes a deposition and knowingly fails or refuses to disclose any facts required by subdivision (b)(1).
(c) Notwithstanding this section, if a videotaped deposition has been agreed to or ordered by the court pursuant to Rule 30 of the Tennessee Rules of Civil Procedure, any lawyer or lawyer's agent may operate the video equipment pursuant to Rules 28.01 and 30.02(4)(B).
(d) (1) A deposition taken by a person described in subsection (a) is voidable at the election of any party unless: (A) After compliance with subsection (b), the parties have entered into a stipulation pursuant to Rule 29 of the Tennessee Rules of Civil Procedure; (B) An order has been entered pursuant to Rule 30.02(4)(A) of the Tennessee Rules of Civil Procedure; or (C) The party attempting to void the deposition has violated this section directly or through a related person described in subsection (a). (2) An election to void a deposition pursuant to this section shall be made within thirty (30) days of discovery of the violation of this section.
(1) A deposition taken by a person described in subsection (a) is voidable at the election of any party unless: (A) After compliance with subsection (b), the parties have entered into a stipulation pursuant to Rule 29 of the Tennessee Rules of Civil Procedure; (B) An order has been entered pursuant to Rule 30.02(4)(A) of the Tennessee Rules of Civil Procedure; or (C) The party attempting to void the deposition has violated this section directly or through a related person described in subsection (a).
(A) After compliance with subsection (b), the parties have entered into a stipulation pursuant to Rule 29 of the Tennessee Rules of Civil Procedure;
(B) An order has been entered pursuant to Rule 30.02(4)(A) of the Tennessee Rules of Civil Procedure; or
(C) The party attempting to void the deposition has violated this section directly or through a related person described in subsection (a).
(2) An election to void a deposition pursuant to this section shall be made within thirty (30) days of discovery of the violation of this section.
(e) This section shall not apply to contracts for court reporting services for the courts, agencies or instrumentalities of the United States or the state of Tennessee.
Acts 2000, ch. 741, § 2; 2002, ch. 612, §§ 1, 2; 2009, ch. 427, § 1; 2010, ch. 1016, § 1.
Tenn. Code Ann. § 24-9-205 — TN Code / Title 24 / Chapter 9 / Section 24-9-205
Deposition, production, and inspection
Status: in_force

When a subpoena issued under § 24-9-203 commands a person to attend and give testimony at a deposition, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises, the time and place and the manner of the taking of the deposition, the production, or the inspection must comply with the Tennessee Rules of Civil Procedure relative to discovery. Acts 2008, ch. 908, § 1.
When a subpoena issued under § 24-9-203 commands a person to attend and give testimony at a deposition, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises, the time and place and the manner of the taking of the deposition, the production, or the inspection must comply with the Tennessee Rules of Civil Procedure relative to discovery.
Acts 2008, ch. 908, § 1.
Tenn. Code Ann. § 24-1-202 — TN Code / Title 24 / Chapter 1 / Section 24-1-202
Transactions with mentally incompetent party
Status: in_force

It is not lawful for any party to any action, suit, or proceeding to testify as to any transaction or conversation with, or statement by, any opposite party in interest, if such opposite party is incapacitated or disqualified to testify thereto, by reason of idiocy, lunacy, or insanity, unless called by the opposite side, and then only in the discretion of the court; provided, if a corporation be a party, this disqualification shall extend to its officers of every grade and its directors. Acts 1879, ch. 200, § 2; Shan., § 5597; Code 1932, § 9779; Acts 1947, ch. 88, § 1; 1949, ch. 55, § 2; C. Supp. 1950, § 9779; T.C.A. (orig. ed.), § 24-104; Acts 2009, ch. 281, § 1.
It is not lawful for any party to any action, suit, or proceeding to testify as to any transaction or conversation with, or statement by, any opposite party in interest, if such opposite party is incapacitated or disqualified to testify thereto, by reason of idiocy, lunacy, or insanity, unless called by the opposite side, and then only in the discretion of the court; provided, if a corporation be a party, this disqualification shall extend to its officers of every grade and its directors.
Acts 1879, ch. 200, § 2; Shan., § 5597; Code 1932, § 9779; Acts 1947, ch. 88, § 1; 1949, ch. 55, § 2; C. Supp. 1950, § 9779; T.C.A. (orig. ed.), § 24-104; Acts 2009, ch. 281, § 1.
Tenn. Code Ann. § 24-6-201 — TN Code / Title 24 / Chapter 6 / Section 24-6-201
Judicial notice of foreign law in appellate court
Status: in_force

It is not necessary, in a case carried from an inferior to an appellate court, to have the statutes of a state read as evidence in the inferior court, transcribed into the record, except where it is directed to be done by the inferior court; but the appellate court may take judicial notice of such laws and statutes. Code 1858, § 3801 (deriv. Acts 1839-1840, ch. 45, § 1); Shan., § 5586; mod. Code 1932, § 9767; T.C.A. (orig. ed.), § 24-613.
It is not necessary, in a case carried from an inferior to an appellate court, to have the statutes of a state read as evidence in the inferior court, transcribed into the record, except where it is directed to be done by the inferior court; but the appellate court may take judicial notice of such laws and statutes.
Code 1858, § 3801 (deriv. Acts 1839-1840, ch. 45, § 1); Shan., § 5586; mod. Code 1932, § 9767; T.C.A. (orig. ed.), § 24-613.
Tenn. Code Ann. § 24-9-104 — TN Code / Title 24 / Chapter 9 / Section 24-9-104
Commissions to take depositions
Status: in_force

Any court of record, or any clerk thereof, may issue commissions to take depositions. Acts 1991, ch. 273, § 37.
Any court of record, or any clerk thereof, may issue commissions to take depositions.
Acts 1991, ch. 273, § 37.
Tenn. Code Ann. § 24-1-206 — TN Code / Title 24 / Chapter 1 / Section 24-1-206
Clergy - Communications confidential - Waiver - Misdemeanor offense
Status: in_force

(a) (1) No minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or regular minister of religion of any religious organization or denomination usually referred to as a church, over eighteen (18) years of age, shall be allowed or required in giving testimony as a witness in any litigation, to disclose any information communicated to that person in a confidential manner, properly entrusted to that person in that person's professional capacity, and necessary to enable that person to discharge the functions of such office according to the usual course of that person's practice or discipline, wherein such person so communicating such information about such person or another is seeking spiritual counsel and advice relative to and growing out of the information so imparted. (2) It shall be the duty of the judge of the court wherein such litigation is pending, when such testimony as prohibited in this section is offered, to determine whether or not that person possesses the qualifications which prohibit that person from testifying to the communications sought to be proven by that person. (b) The prohibition of this section shall not apply to cases where the communicating party, or parties, waives the right so conferred by personal appearance in open court so declaring, or by an affidavit properly sworn to by such a one or ones, before some person authorized to administer oaths, and filed with the court wherein litigation is pending. (c) Nothing in this section shall modify or in any way change the law relative to "hearsay testimony." (d) Any minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or any regular minister of religion of any religious organization or denomination usually referred to as a church, who violates this section, commits a Class C misdemeanor. Acts 1959, ch. 24, §§ 1-5; impl. am. Acts 1971, ch. 162, § 3; T.C.A., §§ 24-109 -- 24-111; modified; Acts 1989, ch. 591, § 113.
(a) (1) No minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or regular minister of religion of any religious organization or denomination usually referred to as a church, over eighteen (18) years of age, shall be allowed or required in giving testimony as a witness in any litigation, to disclose any information communicated to that person in a confidential manner, properly entrusted to that person in that person's professional capacity, and necessary to enable that person to discharge the functions of such office according to the usual course of that person's practice or discipline, wherein such person so communicating such information about such person or another is seeking spiritual counsel and advice relative to and growing out of the information so imparted. (2) It shall be the duty of the judge of the court wherein such litigation is pending, when such testimony as prohibited in this section is offered, to determine whether or not that person possesses the qualifications which prohibit that person from testifying to the communications sought to be proven by that person.
(1) No minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or regular minister of religion of any religious organization or denomination usually referred to as a church, over eighteen (18) years of age, shall be allowed or required in giving testimony as a witness in any litigation, to disclose any information communicated to that person in a confidential manner, properly entrusted to that person in that person's professional capacity, and necessary to enable that person to discharge the functions of such office according to the usual course of that person's practice or discipline, wherein such person so communicating such information about such person or another is seeking spiritual counsel and advice relative to and growing out of the information so imparted.
(2) It shall be the duty of the judge of the court wherein such litigation is pending, when such testimony as prohibited in this section is offered, to determine whether or not that person possesses the qualifications which prohibit that person from testifying to the communications sought to be proven by that person.
(b) The prohibition of this section shall not apply to cases where the communicating party, or parties, waives the right so conferred by personal appearance in open court so declaring, or by an affidavit properly sworn to by such a one or ones, before some person authorized to administer oaths, and filed with the court wherein litigation is pending.
(c) Nothing in this section shall modify or in any way change the law relative to "hearsay testimony."
(d) Any minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or any regular minister of religion of any religious organization or denomination usually referred to as a church, who violates this section, commits a Class C misdemeanor.
Acts 1959, ch. 24, §§ 1-5; impl. am. Acts 1971, ch. 162, § 3; T.C.A., §§ 24-109 -- 24-111; modified; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 24-6-106 — TN Code / Title 24 / Chapter 6 / Section 24-6-106
Extract copies from records
Status: in_force

(a) When any deed, mortgage, deed of trust, decree, or other instrument appears of record in the register's office of any county, containing the description of more than one (1) tract, lot, or parcel of land, any person desiring a copy of any such deed, etc., may direct that only the description of such lots, tracts, or parcels be included in the copy as such person may desire; and the register in making the copy shall insert not less than one-half (1/2) line of x marks before and after, or before or after, as the case may be, indicating that descriptions have been omitted from the copy. (b) Such copies so made shall have full force and effect as evidence. Acts 1897, ch. 59, §§ 1, 2; Shan., §§5576a1, 5576a2; Code 1932, §§ 9749, 9750; T.C.A. (orig. ed.), § 24-623.
(a) When any deed, mortgage, deed of trust, decree, or other instrument appears of record in the register's office of any county, containing the description of more than one (1) tract, lot, or parcel of land, any person desiring a copy of any such deed, etc., may direct that only the description of such lots, tracts, or parcels be included in the copy as such person may desire; and the register in making the copy shall insert not less than one-half (1/2) line of x marks before and after, or before or after, as the case may be, indicating that descriptions have been omitted from the copy.
(b) Such copies so made shall have full force and effect as evidence.
Acts 1897, ch. 59, §§ 1, 2; Shan., §§5576a1, 5576a2; Code 1932, §§ 9749, 9750; T.C.A. (orig. ed.), § 24-623.
Tenn. Code Ann. § 24-5-106 — TN Code / Title 24 / Chapter 5 / Section 24-5-106
Denial of instrument by successor of decedent
Status: in_force

If the party be deceased, the personal representative, or in case such representative refuses or fails to do so, any heir of the deceased, or other person, who is entitled to any part of the estate, either by will or by law, and who is or becomes a party to the suit, may make the denial under oath "according to the best of my personal knowledge, information and belief." Code 1858, § 3778 (deriv. Acts 1819, ch. 42, § 1); Acts 1905, ch. 73; Shan., § 5557; mod. Code 1932, § 9727; T.C.A. (orig. ed.), § 24-508.
If the party be deceased, the personal representative, or in case such representative refuses or fails to do so, any heir of the deceased, or other person, who is entitled to any part of the estate, either by will or by law, and who is or becomes a party to the suit, may make the denial under oath "according to the best of my personal knowledge, information and belief."
Code 1858, § 3778 (deriv. Acts 1819, ch. 42, § 1); Acts 1905, ch. 73; Shan., § 5557; mod. Code 1932, § 9727; T.C.A. (orig. ed.), § 24-508.
Tenn. Code Ann. § 24-2-109 — TN Code / Title 24 / Chapter 2 / Section 24-2-109
Educator as witness in domestic dispute matter
Status: in_force

(a) As used in this section, "educator" means any person who is currently employed at any public or private elementary or secondary school in this state: (1) As a teacher with an active teaching license; or (2) As a school counselor. (b) Notwithstanding any other law, a court shall not require an educator to be a witness in any civil hearing, deposition, mediation, arbitration, trial, or other similar proceeding involving a domestic dispute matter, including, but not limited to, domestic abuse, as defined by § 36-3-601 , divorce, parentage, or child custody, if the educator is not a named party and the educator's attendance would require the educator to be absent from teaching, counseling, or supervisory duties in a school, unless the court determines that the educator's attendance is necessary to ensure fairness in the hearing, mediation, arbitration, trial, or other similar matter. Acts 2018, ch. 747, § 1.
(a) As used in this section, "educator" means any person who is currently employed at any public or private elementary or secondary school in this state: (1) As a teacher with an active teaching license; or (2) As a school counselor.
(1) As a teacher with an active teaching license; or
(2) As a school counselor.
(b) Notwithstanding any other law, a court shall not require an educator to be a witness in any civil hearing, deposition, mediation, arbitration, trial, or other similar proceeding involving a domestic dispute matter, including, but not limited to, domestic abuse, as defined by § 36-3-601 , divorce, parentage, or child custody, if the educator is not a named party and the educator's attendance would require the educator to be absent from teaching, counseling, or supervisory duties in a school, unless the court determines that the educator's attendance is necessary to ensure fairness in the hearing, mediation, arbitration, trial, or other similar matter.
Acts 2018, ch. 747, § 1.
Tenn. Code Ann. § 24-4-107 — TN Code / Title 24 / Chapter 4 / Section 24-4-107
Recovery from successful party
Status: in_force

Whenever a party in a court of record recovers a judgment or decree against another for costs, and it appears from the return of the execution that such costs cannot be made out of the person against whom they have been adjudged, the witnesses summoned by the successful party may have judgment by motion against such party for their costs. Code 1858, § 3832 (deriv. Acts 1847-1848, ch. 62, § 2); Shan., §5620; Code 1932, § 9802; T.C.A. (orig. ed.), § 24-407.
Whenever a party in a court of record recovers a judgment or decree against another for costs, and it appears from the return of the execution that such costs cannot be made out of the person against whom they have been adjudged, the witnesses summoned by the successful party may have judgment by motion against such party for their costs.
Code 1858, § 3832 (deriv. Acts 1847-1848, ch. 62, § 2); Shan., §5620; Code 1932, § 9802; T.C.A. (orig. ed.), § 24-407.
Tenn. Code Ann. § 24-6-105 — TN Code / Title 24 / Chapter 6 / Section 24-6-105
Officer's duty to give copies of records
Status: in_force

Every officer having the custody of a public record or writing, is bound to give any person, on demand, a certified copy thereof, on payment of the legal fees; and, if no fee has been fixed by law, on payment of reasonable compensation. Code 1858, § 3792; Shan., § 5577; Code 1932, § 9751; T.C.A. (orig. ed.), § 24-622.
Every officer having the custody of a public record or writing, is bound to give any person, on demand, a certified copy thereof, on payment of the legal fees; and, if no fee has been fixed by law, on payment of reasonable compensation.
Code 1858, § 3792; Shan., § 5577; Code 1932, § 9751; T.C.A. (orig. ed.), § 24-622.
Tenn. Code Ann. § 24-4-102 — TN Code / Title 24 / Chapter 4 / Section 24-4-102
Witness residing outside county
Status: in_force

(a) All witnesses attending, under summons, any court of record in any county in this state other than the county in which the witness or witnesses live shall be entitled to receive reimbursement for lodging and meals at a rate allowable under the state comprehensive travel regulations in effect at the time such travel expense is incurred. In addition thereto, the witness shall also receive reimbursement at a rate allowable under the state comprehensive travel regulations in effect at the time such travel expense is incurred for each mile traveled in going to and returning from such court. (b) In addition to the mileage reimbursement allowed, a witness shall be allowed the per diem allowance designated herein for each day required to travel in going to and returning from a trial. Mileage reimbursement to a witness traveling from out of state shall be the same as that allowed a state employee using a personal vehicle for the convenience of the state. In lieu of such mileage reimbursement, a witness traveling from out-of-state may be reimbursed for the cost of travel by common carrier, at a rate not to exceed the regular tourist fare charged the general public. Acts 1867-1868, ch. 11, § 2; Shan., § 5618; Code 1932, §9800; Acts 1971, ch. 251, § 1; 1979, ch. 392, §§ 1, 5; T.C.A. (orig. ed.), § 24-402; Acts 1986, ch. 599, §1; 1997 , ch. 119, § 1.
(a) All witnesses attending, under summons, any court of record in any county in this state other than the county in which the witness or witnesses live shall be entitled to receive reimbursement for lodging and meals at a rate allowable under the state comprehensive travel regulations in effect at the time such travel expense is incurred. In addition thereto, the witness shall also receive reimbursement at a rate allowable under the state comprehensive travel regulations in effect at the time such travel expense is incurred for each mile traveled in going to and returning from such court.
(b) In addition to the mileage reimbursement allowed, a witness shall be allowed the per diem allowance designated herein for each day required to travel in going to and returning from a trial. Mileage reimbursement to a witness traveling from out of state shall be the same as that allowed a state employee using a personal vehicle for the convenience of the state. In lieu of such mileage reimbursement, a witness traveling from out-of-state may be reimbursed for the cost of travel by common carrier, at a rate not to exceed the regular tourist fare charged the general public.
Acts 1867-1868, ch. 11, § 2; Shan., § 5618; Code 1932, §9800; Acts 1971, ch. 251, § 1; 1979, ch. 392, §§ 1, 5; T.C.A. (orig. ed.), § 24-402; Acts 1986, ch. 599, §1; 1997 , ch. 119, § 1.
Tenn. Code Ann. § 24-5-102 — TN Code / Title 24 / Chapter 5 / Section 24-5-102
Settlements of personal representatives and guardians
Status: in_force

The settlements of personal representatives and guardians, made in the county court in pursuance of law, are to be taken as prima facie correct. Code 1858, § 3786 (deriv. Acts 1822, ch. 31, § 2; 1837-1838, ch. 125, §5); Shan., § 5567; Code 1932, § 9738; T.C.A. (orig. ed.), § 24-504.
The settlements of personal representatives and guardians, made in the county court in pursuance of law, are to be taken as prima facie correct.
Code 1858, § 3786 (deriv. Acts 1822, ch. 31, § 2; 1837-1838, ch. 125, §5); Shan., § 5567; Code 1932, § 9738; T.C.A. (orig. ed.), § 24-504.
Tenn. Code Ann. § 24-6-107 — TN Code / Title 24 / Chapter 6 / Section 24-6-107
Certificate of search
Status: in_force

The certificate of a public officer that such officer has made diligent and ineffectual search for a paper in that officer's office is of the same efficacy in all cases as if such officer had personally appeared and sworn to such facts. Code 1858, § 3793; Shan., § 5578; Code 1932, § 9752; T.C.A. (orig. ed.), § 24-624.
The certificate of a public officer that such officer has made diligent and ineffectual search for a paper in that officer's office is of the same efficacy in all cases as if such officer had personally appeared and sworn to such facts.
Code 1858, § 3793; Shan., § 5578; Code 1932, § 9752; T.C.A. (orig. ed.), § 24-624.
Tenn. Code Ann. § 24-9-308 — TN Code / Title 24 / Chapter 9 / Section 24-9-308
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of that act ( 15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in § 103(b) of that act ( 15 U.S.C. § 7003(b) ). Acts 2010, ch. 902, § 1.
This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of that act ( 15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in § 103(b) of that act ( 15 U.S.C. § 7003(b) ).
Acts 2010, ch. 902, § 1.
Tenn. Code Ann. § 24-6-101 — TN Code / Title 24 / Chapter 6 / Section 24-6-101
Copy of judgment without entire record
Status: in_force

(a) In any litigation, certified copies of final judgments or decrees of any court of record may be used as evidence in such litigation, without the final judgment or decree being supported by the entire record upon which it is based. Such certified judgment or decree shall have the same force and effect as evidence as it would have if the entire record upon which it is based were filed with the judgment or decree, it being the intention to expedite the preparation of cases and save costs. (b) This section shall not apply to litigation in which a direct attack is made on the judgment or decree and the proceedings upon which it is based, nor to litigation involving the validity of the judgment or decree. (c) This section shall not prevent any of the parties to the litigation from using as evidence in such litigation the entire record upon which the final judgment or decree is based. Acts 1919, ch. 130, §§ 1, 2; Shan. Supp., §§ 5580a1, 5580a2; mod. Code 1932, §§ 9755, 9756; T.C.A. (orig. ed.), § 24-604; modified.
(a) In any litigation, certified copies of final judgments or decrees of any court of record may be used as evidence in such litigation, without the final judgment or decree being supported by the entire record upon which it is based. Such certified judgment or decree shall have the same force and effect as evidence as it would have if the entire record upon which it is based were filed with the judgment or decree, it being the intention to expedite the preparation of cases and save costs.
(b) This section shall not apply to litigation in which a direct attack is made on the judgment or decree and the proceedings upon which it is based, nor to litigation involving the validity of the judgment or decree.
(c) This section shall not prevent any of the parties to the litigation from using as evidence in such litigation the entire record upon which the final judgment or decree is based.
Acts 1919, ch. 130, §§ 1, 2; Shan. Supp., §§ 5580a1, 5580a2; mod. Code 1932, §§ 9755, 9756; T.C.A. (orig. ed.), § 24-604; modified.
Tenn. Code Ann. § 24-2-105 — TN Code / Title 24 / Chapter 2 / Section 24-2-105
Privilege against process
Status: in_force

During the attendance of any person summoned as a witness, and during the time that such person is going to and returning from the place of such attendance, allowing one (1) day for every thirty (30) miles of travel, no writ, process, warrant, order, judgment, or decree in any civil cause, subpoena to testify as a witness only excepted, shall be served upon such person. Code 1858, § 3828 (deriv. Acts 1794, ch. 1, § 34); Shan., § 5616; Code 1932, § 9798; T.C.A. (orig. ed.), § 24-213; T.C.A., § 24-2-106 .
During the attendance of any person summoned as a witness, and during the time that such person is going to and returning from the place of such attendance, allowing one (1) day for every thirty (30) miles of travel, no writ, process, warrant, order, judgment, or decree in any civil cause, subpoena to testify as a witness only excepted, shall be served upon such person.
Code 1858, § 3828 (deriv. Acts 1794, ch. 1, § 34); Shan., § 5616; Code 1932, § 9798; T.C.A. (orig. ed.), § 24-213; T.C.A., § 24-2-106 .
Tenn. Code Ann. § 24-5-115 — TN Code / Title 24 / Chapter 5 / Section 24-5-115
Default judgments in subrogation actions brought by an automobile insurance carrier
Status: in_force

(a) In a subrogation action brought in general sessions court by an automobile insurance carrier for recovery of amounts paid to or on behalf of its insured under the collision, comprehensive, medical payments or uninsured motorist coverages of a contract of automobile insurance, the affidavit of the plaintiff-carrier or its agent as to the total damages paid, or incurred, including the insured's deductible, is presumptive evidence against the alleged tortfeasor from whom recovery is sought, except as provided under subsection (b); provided, that such affidavit is accompanied by a certificate of a notary public with seal annexed, or certificate of a judge of the court of general sessions, with the certificate of the county clerk that such judge is an acting judge within the county. (b) The presumption afforded in subsection (a) shall not be conclusive to the extent that the alleged tortfeasor from whom recovery is sought denies tort liability for the incident, or denies the extent of the damages alleged to be related to the incident, or both. Any such denial must be under oath in writing, or made orally in open court, and the alleged tortfeasor shall be allowed to assert any defense or objection the defendant may have. Such affidavit shall be served upon the alleged tortfeasor with the civil warrant. Upon such denial, on the plaintiff-carrier's motion, or in the interest of justice, the judge shall continue the action to a date certain for trial. (c) This section does not apply if the automobile insurance carrier files an intervening complaint in an existing action brought by an injured person against the alleged tortfeasor. (d) This section does not affect the viability of the made-whole doctrine in Tennessee. Acts 2005, ch. 22, § 1.
(a) In a subrogation action brought in general sessions court by an automobile insurance carrier for recovery of amounts paid to or on behalf of its insured under the collision, comprehensive, medical payments or uninsured motorist coverages of a contract of automobile insurance, the affidavit of the plaintiff-carrier or its agent as to the total damages paid, or incurred, including the insured's deductible, is presumptive evidence against the alleged tortfeasor from whom recovery is sought, except as provided under subsection (b); provided, that such affidavit is accompanied by a certificate of a notary public with seal annexed, or certificate of a judge of the court of general sessions, with the certificate of the county clerk that such judge is an acting judge within the county.
(b) The presumption afforded in subsection (a) shall not be conclusive to the extent that the alleged tortfeasor from whom recovery is sought denies tort liability for the incident, or denies the extent of the damages alleged to be related to the incident, or both. Any such denial must be under oath in writing, or made orally in open court, and the alleged tortfeasor shall be allowed to assert any defense or objection the defendant may have. Such affidavit shall be served upon the alleged tortfeasor with the civil warrant. Upon such denial, on the plaintiff-carrier's motion, or in the interest of justice, the judge shall continue the action to a date certain for trial.
(c) This section does not apply if the automobile insurance carrier files an intervening complaint in an existing action brought by an injured person against the alleged tortfeasor.
(d) This section does not affect the viability of the made-whole doctrine in Tennessee.
Acts 2005, ch. 22, § 1.
Tenn. Code Ann. § 24-7-107 — TN Code / Title 24 / Chapter 7 / Section 24-7-107
Settlements of debts
Status: in_force

All settlements in writing, made in good faith, for the composition of debts, shall be taken as evidence, and held to operate according to the intention of the parties, although no release under seal is given, and no new consideration has passed. Code 1858, § 3790; Shan., § 5571; Code 1932, § 9742; T.C.A. (orig. ed.), § 24-707.
All settlements in writing, made in good faith, for the composition of debts, shall be taken as evidence, and held to operate according to the intention of the parties, although no release under seal is given, and no new consideration has passed.
Code 1858, § 3790; Shan., § 5571; Code 1932, § 9742; T.C.A. (orig. ed.), § 24-707.
Tenn. Code Ann. § 24-9-135 — TN Code / Title 24 / Chapter 9 / Section 24-9-135
Persons before whom depositions to be taken
Status: in_force

Depositions taken in this state that are to be used in its courts shall be taken before: (1) A hearing examiner; (2) A judge, clerk, commissioner, or official reporter of a court; (3) A licensed court reporter; (4) A notary public; or (5) Before other persons and under other circumstances authorized by law. Acts 2000, ch. 741, § 1; 2010, ch. 1123, § 9.
Depositions taken in this state that are to be used in its courts shall be taken before:
(1) A hearing examiner;
(2) A judge, clerk, commissioner, or official reporter of a court;
(3) A licensed court reporter;
(4) A notary public; or
(5) Before other persons and under other circumstances authorized by law.
Acts 2000, ch. 741, § 1; 2010, ch. 1123, § 9.
Tenn. Code Ann. § 24-2-101 — TN Code / Title 24 / Chapter 2 / Section 24-2-101
Duty to attend
Status: in_force

Every witness legally bound to appear as herein directed shall appear accordingly and continue to attend from day to day, and from term to term, until discharged by the court or the party who sought the summons; provided, that the continuance of a case shall not be deemed a discharge of witnesses legally bound to appear in the case so continued, and in the event of a continuance, it shall not be necessary to resummon such witnesses unless they are expressly discharged by the court or by the party at whose instance they were summoned. Code 1858, § 3820 (deriv. Acts 1794, ch. 1, § 29); Shan., § 5608; Code 1932, § 9790; Acts 1959, ch. 113, § 1; T.C.A. (orig. ed.), § 24-207.
Every witness legally bound to appear as herein directed shall appear accordingly and continue to attend from day to day, and from term to term, until discharged by the court or the party who sought the summons; provided, that the continuance of a case shall not be deemed a discharge of witnesses legally bound to appear in the case so continued, and in the event of a continuance, it shall not be necessary to resummon such witnesses unless they are expressly discharged by the court or by the party at whose instance they were summoned.
Code 1858, § 3820 (deriv. Acts 1794, ch. 1, § 29); Shan., § 5608; Code 1932, § 9790; Acts 1959, ch. 113, § 1; T.C.A. (orig. ed.), § 24-207.
Tenn. Code Ann. § 24-2-107 — TN Code / Title 24 / Chapter 2 / Section 24-2-107
Subpoenas - Conflicts with Rules of Civil Procedure
Status: in_force

Rule 45 of the Rules of Civil Procedure shall govern when a clerk or other authorized officer is required to issue a subpoena in a civil case in circuit court and the consequences of a person's refusal to appear, testify or produce evidence when subpoenaed pursuant to such rule. If any local rule of court conflicts with Rule 45, Rule 45 shall prevail, and the clerk or other authorized officer shall issue subpoenas and the judge shall punish the refusal to respond to subpoenas in accordance with such rule. Acts 1997, ch. 377, § 2.
Rule 45 of the Rules of Civil Procedure shall govern when a clerk or other authorized officer is required to issue a subpoena in a civil case in circuit court and the consequences of a person's refusal to appear, testify or produce evidence when subpoenaed pursuant to such rule. If any local rule of court conflicts with Rule 45, Rule 45 shall prevail, and the clerk or other authorized officer shall issue subpoenas and the judge shall punish the refusal to respond to subpoenas in accordance with such rule.
Acts 1997, ch. 377, § 2.
Tenn. Code Ann. § 24-8-105 — TN Code / Title 24 / Chapter 8 / Section 24-8-105
Sureties on indemnity bond
Status: in_force

In cases of lost notes, bonds, life insurance policies, and other instruments which by law are negotiable or assignable when the party claiming under the same is required to execute a bond to indemnify the party issuing the same, it shall be lawful for such indemnity bond to be secured either by personal sureties or by corporations lawfully authorized to become sureties on such bonds; and the party demanding the execution of such bond shall accept same in either form. Acts 1919, ch. 35, § 1; Shan. Supp., § 5697a1; Code 1932, §9883; T.C.A. (orig. ed.), § 24-805.
In cases of lost notes, bonds, life insurance policies, and other instruments which by law are negotiable or assignable when the party claiming under the same is required to execute a bond to indemnify the party issuing the same, it shall be lawful for such indemnity bond to be secured either by personal sureties or by corporations lawfully authorized to become sureties on such bonds; and the party demanding the execution of such bond shall accept same in either form.
Acts 1919, ch. 35, § 1; Shan. Supp., § 5697a1; Code 1932, §9883; T.C.A. (orig. ed.), § 24-805.
Tenn. Code Ann. § 24-5-105 — TN Code / Title 24 / Chapter 5 / Section 24-5-105
Instruments offered by defendant
Status: in_force

The execution or assignment of instruments offered in evidence by the defendant, when allowed by law, is equally conclusive as when introduced by plaintiff, unless denied under oath. Code 1858, § 3779 (deriv. Acts 1819, ch. 27, § 4); Shan., § 5558; Code 1932, § 9728; T.C.A. (orig. ed.), § 24-507.
The execution or assignment of instruments offered in evidence by the defendant, when allowed by law, is equally conclusive as when introduced by plaintiff, unless denied under oath.
Code 1858, § 3779 (deriv. Acts 1819, ch. 27, § 4); Shan., § 5558; Code 1932, § 9728; T.C.A. (orig. ed.), § 24-507.
Tenn. Code Ann. § 24-2-106 — TN Code / Title 24 / Chapter 2 / Section 24-2-106
Proceedings against witness on scire facias
Status: in_force

Upon return of the scire facias issued for the penalty, the witness may be relieved by showing sufficient cause for failing to attend; otherwise, on motion, judgment will be given against the witness and execution issue accordingly. Code 1858, § 3822 (deriv. Acts 1794, ch. 1, § 29); Shan., § 5611; Code 1932, § 9793; T.C.A. (orig. ed.), § 24-209; T.C.A., § 24-2-103 .
Upon return of the scire facias issued for the penalty, the witness may be relieved by showing sufficient cause for failing to attend; otherwise, on motion, judgment will be given against the witness and execution issue accordingly.
Code 1858, § 3822 (deriv. Acts 1794, ch. 1, § 29); Shan., § 5611; Code 1932, § 9793; T.C.A. (orig. ed.), § 24-209; T.C.A., § 24-2-103 .
Tenn. Code Ann. § 24-5-108 — TN Code / Title 24 / Chapter 5 / Section 24-5-108
Partnership of plaintiffs
Status: in_force

Whenever two (2) or more persons bring a suit at law, or in equity, as partners upon an account, bill of exchange, bond, or note, either before a magistrate or a court of record, it shall not be necessary for them to prove their partnership, unless the defendant files a plea in abatement, in writing, denying the partnership on oath. Acts 1859-1860, ch. 104, § 4; Shan., § 5559; mod. Code 1932, §9729; T.C.A. (orig. ed.), § 24-510.
Whenever two (2) or more persons bring a suit at law, or in equity, as partners upon an account, bill of exchange, bond, or note, either before a magistrate or a court of record, it shall not be necessary for them to prove their partnership, unless the defendant files a plea in abatement, in writing, denying the partnership on oath.
Acts 1859-1860, ch. 104, § 4; Shan., § 5559; mod. Code 1932, §9729; T.C.A. (orig. ed.), § 24-510.
Tenn. Code Ann. § 24-8-110 — TN Code / Title 24 / Chapter 8 / Section 24-8-110
Retaking lost depositions
Status: in_force

If the lost papers consist of depositions, the court may, in its discretion, order the testimony to be retaken, if the witnesses are alive. Code 1858, § 3908 (deriv. Acts 1847-1848, ch. 116, § 2); Shan., §5702; Code 1932, § 9888; T.C.A. (orig. ed.), § 24-810.
If the lost papers consist of depositions, the court may, in its discretion, order the testimony to be retaken, if the witnesses are alive.
Code 1858, § 3908 (deriv. Acts 1847-1848, ch. 116, § 2); Shan., §5702; Code 1932, § 9888; T.C.A. (orig. ed.), § 24-810.
Tenn. Code Ann. § 24-4-104 — TN Code / Title 24 / Chapter 4 / Section 24-4-104
Maximum number of appearances compensated
Status: in_force

No witness shall prove personal attendance in more than four (4) suits where one (1) of the parties is the same or the question to be tried is the same; provided, that this shall apply only to the term where the witness actually testifies in such suits. At all other terms where such witness does not actually testify, the witness shall be allowed to prove attendance in only two (2) of such suits; provided, that in any event such witness shall claim mileage and ferriage in only one (1) of such suits. Code 1858, § 3834 (deriv. Acts 1824, ch. 13, § 3); Acts 1903, ch. 100; Shan., § 5622; Code 1932, § 9804; T.C.A. (orig. ed.), § 24-404.
No witness shall prove personal attendance in more than four (4) suits where one (1) of the parties is the same or the question to be tried is the same; provided, that this shall apply only to the term where the witness actually testifies in such suits. At all other terms where such witness does not actually testify, the witness shall be allowed to prove attendance in only two (2) of such suits; provided, that in any event such witness shall claim mileage and ferriage in only one (1) of such suits.
Code 1858, § 3834 (deriv. Acts 1824, ch. 13, § 3); Acts 1903, ch. 100; Shan., § 5622; Code 1932, § 9804; T.C.A. (orig. ed.), § 24-404.