reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 1 - WITNESSES AND PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Part 2 - PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Section 24-1-208 - Persons gathering information for publication or broadcast - Disclosure

(a)
A person engaged in gathering information for publication or broadcast connected with or employed by the news media or press, or who is independently engaged in gathering information for publication or broadcast, shall not be required by a court, a grand jury, the general assembly, or any administrative body, to disclose before the general assembly or any Tennessee court, grand jury, agency, department, or commission any information or the source of any information procured for publication or broadcast.
(b)
Subsection (a) shall not apply with respect to the source of any allegedly defamatory information in any case where the defendant in a civil action for defamation asserts a defense based on the source of such information.
(c)
(1)
Any person seeking information or the source thereof protected under this section may apply for an order divesting such protection. Such application shall be made to the judge of the court having jurisdiction over the hearing, action or other proceeding in which the information sought is pending.
(2)
The application shall be granted only if the court after hearing the parties determines that the person seeking the information has shown by clear and convincing evidence that:
(A)
There is probable cause to believe that the person from whom the information is sought has information which is clearly relevant to a specific probable violation of law;
(B)
The person has demonstrated that the information sought cannot reasonably be obtained by alternative means; and
(C)
The person has demonstrated a compelling and overriding public interest of the people of the state of Tennessee in the information.
(3)
(A)
Any order of the trial court may be appealed to the court of appeals in the same manner as other civil cases. The court of appeals shall make an independent determination of the applicability of the standards in this subsection (c) to the facts in the record and shall not accord a presumption of correctness to the trial court's findings.
(B)
The execution of or any proceeding to enforce a judgment divesting the protection of this section shall be stayed pending appeal upon the timely filing of a notice of appeal in accordance with Rule 3 of the Tennessee Rules of Appellate Procedure, and the appeal shall be expedited upon the docket of the court of appeals upon the application of either party.
(C)
Any order of the court of appeals may be appealed to the supreme court of Tennessee as provided by law.
Acts 1973, ch. 27, §§ 1-3; T.C.A, § 24-113--24-115; Acts 1988, ch. 803, §§ 1, 2.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 1 - WITNESSES AND PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Part 2 - PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Section 24-1-209 - Communication between attorney and private detective privileged

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 1 - WITNESSES AND PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Part 2 - PRIVILEGED COMMUNICATIONS (§§ 24-1-201 — 24-1-211) › Section 24-1-210 - Interpreters - Dual party relay operators

(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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 2 - ATTENDANCE OF WITNESSES (§§ 24-2-101 — 24-2-109) › Section 24-2-101 - Duty to attend

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 2 - ATTENDANCE OF WITNESSES (§§ 24-2-101 — 24-2-109) › Section 24-2-102 - Penalty for failure to appear

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 2 - ATTENDANCE OF WITNESSES (§§ 24-2-101 — 24-2-109) › Section 24-2-103 - Scire facias by circuit court

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
.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 2 - ATTENDANCE OF WITNESSES (§§ 24-2-101 — 24-2-109) › Section 24-2-104 - Scire facias by general sessions judge

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
.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 2 - ATTENDANCE OF WITNESSES (§§ 24-2-101 — 24-2-109) › Section 24-2-105 - Privilege against process

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
.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 2 - ATTENDANCE OF WITNESSES (§§ 24-2-101 — 24-2-109) › Section 24-2-106 - Proceedings against witness on scire facias

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
.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 2 - ATTENDANCE OF WITNESSES (§§ 24-2-101 — 24-2-109) › Section 24-2-107 - Subpoenas - Conflicts with Rules of Civil Procedure

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 2 - ATTENDANCE OF WITNESSES (§§ 24-2-101 — 24-2-109) › Section 24-2-108 - Language required in subpoena

Each subpoena issued should at a minimum contain explicit language that states:
(1)
A party being served must appear and that failure to appear may put such party in contempt of court; and
(2)
The penalties such party may face by being held in contempt of court.
Acts 2004, ch. 761, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 2 - ATTENDANCE OF WITNESSES (§§ 24-2-101 — 24-2-109) › Section 24-2-109 - Educator as witness in domestic dispute matter

(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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 4 - COMPENSATION OF WITNESSES (§§ 24-4-101 — 24-4-107) › Section 24-4-101 - Basic per diem and mileage

(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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 4 - COMPENSATION OF WITNESSES (§§ 24-4-101 — 24-4-107) › Section 24-4-102 - Witness residing outside county

(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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 4 - COMPENSATION OF WITNESSES (§§ 24-4-101 — 24-4-107) › Section 24-4-103 - Witness before general sessions judge

Every witness summoned before a judge of the court of general sessions is entitled to fifty cents (50¢) for each day's attendance; and when summoned to attend in another county from that of the witness' own, shall be entitled to five cents (5¢) per mile for every mile in going to and returning from the county, and all necessary tolls and ferriage.
Code 1858, § 3831 (deriv. Acts 1843-1844, ch. 112, § 2); Acts 1867-1868, ch. 11, § 1; integrated in Shan., § 5619; Code 1932, § 9801; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 24-403.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 4 - COMPENSATION OF WITNESSES (§§ 24-4-101 — 24-4-107) › Section 24-4-104 - Maximum number of appearances compensated

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 4 - COMPENSATION OF WITNESSES (§§ 24-4-101 — 24-4-107) › Section 24-4-105 - Settlement of case

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 4 - COMPENSATION OF WITNESSES (§§ 24-4-101 — 24-4-107) › Section 24-4-106 - Probate of attendance - Immediate payment - Travel advances in criminal cases

(a)
The clerk of the court may take probate of witnesses' attendance at any time between the commencement and the final decision of the cause, either in vacation or in term time. The clerk may at that time pay any witness the fees for which the state is liable under §§
40-17-201
- 40-17-210, or any witness fees due and may accept an assignment from the witness for all such fees paid. The clerk may take credit in the settlement of the clerk's accounts for all such fees advanced represented by a valid assignment.
(b)
In criminal cases, with the approval of the judicial cost accountant and at the request of the district attorney general, the state may advance travel expenses as set out in §§
24-4-102
,
40-17-206
and
40-17-208
, to witnesses designated by the district attorney general. The judicial cost accountant shall prescribe the procedures which shall be followed in making travel advances as set forth above.
Code 1858, § 3833 (deriv. Acts 1845-1846, ch. 164, § 1); Shan., §5621; Code 1932, § 9803; Acts 1947, ch. 4, § 1; C. Supp. 1950, § 9803; Acts 1973, ch. 229, § 1; 1979, ch. 392, § 2; T.C.A. (orig. ed.), §24-406; Acts 2012 , ch. 611, § 4.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 4 - COMPENSATION OF WITNESSES (§§ 24-4-101 — 24-4-107) › Section 24-4-107 - Recovery from successful party

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-101 - Conveyances of public officers and fiduciaries

All instruments of conveyance executed in official capacity by any public officer of this state or by any person occupying a position of trust or acting in a fiduciary relation shall be admitted, held, and construed by the courts as prima facie evidence of the facts in such instruments recited, insofar as such facts relate to the execution of the power of such office or trust. All such instruments now of record shall be admitted, held, and construed in accordance with this section.
Acts 1907, ch. 334, §§ 1, 2; Shan., §§ 5572a2, 5572a3; Code 1932, §§ 9745, 9746; T.C.A. (orig. ed.), § 24-503.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-102 - Settlements of personal representatives and guardians

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-103 - Notary's certificate as to notice of dishonor

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-105 - Instruments offered by defendant

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-106 - Denial of instrument by successor of decedent

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-107 - Sworn accounts

(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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-108 - Partnership of plaintiffs

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-109 - Partnership of defendants

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-110 - Determinations of status by federal officers

(a)
A written finding of presumed death made by the secretary of war, the secretary of the navy, or other officer or employee of the United States authorized to make such finding, pursuant to the Federal Missing Persons Act (Acts Mar. 7, 1942, ch. 166, 56 Stat. 143; Dec. 24, 1942, ch. 828, 56 Stat. 1092; July 1, 1944, ch. 371, 58 Stat. 679; Feb. 12, 1946, ch. 6, 60 Stat. 5; May 16, 1947, ch. 70, 61 Stat. 96; Aug. 29, 1951, ch. 356, 65 Stat. 207; July 3, 1952, ch. 570, 66 Stat. 331; Apr. 4, 1953, ch. 17, 67 Stat. 20; 50 U.S.C. Appx. §§ 1001-1015) as now or hereafter amended, or a duly certified copy of such finding, shall be received in any court, office or other place in this state as prima facie evidence of the death of the person therein found to be dead, and the date, circumstances and place of such person's disappearance.
(b)
An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy, or is dead, or is alive, made by an officer or employee of the United States authorized by the act referred to in subsection (a) or by any other law of the United States to make same, shall be received in any court, office or other place in this state as prima facie evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy, or is dead, or is alive, as the case may be.
(c)
(1)
For the purposes of subsections (a) and (b), any finding, report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in those subsections, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of such person's authority.
(2)
If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of such person's authority to so certify.
Acts 1945, ch. 14, §§ 1-3; C. Supp. 1950, §§9773.1-9773.3 (Williams, §§ 9773.8-9773.10); T.C.A. (orig. ed.), §§ 24-512 -- 24-514; modified.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-111 - Negligence of bailee

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-112 - Continuance of reproductive capacity - Rebuttable presumption

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-113 - Medical, hospital or doctor bills - Prima facie evidence of necessity and reasonableness

(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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-114 - Repair bills

(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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 5 - PRESUMPTIONS (§§ 24-5-101 — 24-5-115) › Section 24-5-115 - Default judgments in subrogation actions brought by an automobile insurance carrier

(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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 6 - PROOF OF PUBLIC ACTS AND RECORDS (§§ 24-6-101 — 24-6-201) › Part 1 - GENERAL PROVISIONS (§§ 24-6-101 — 24-6-107) › Section 24-6-101 - Copy of judgment without entire record

(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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 6 - PROOF OF PUBLIC ACTS AND RECORDS (§§ 24-6-101 — 24-6-201) › Part 1 - GENERAL PROVISIONS (§§ 24-6-101 — 24-6-107) › Section 24-6-105 - Officer's duty to give copies of records

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 6 - PROOF OF PUBLIC ACTS AND RECORDS (§§ 24-6-101 — 24-6-201) › Part 1 - GENERAL PROVISIONS (§§ 24-6-101 — 24-6-107) › Section 24-6-106 - Extract copies from records

(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 (½) 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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 6 - PROOF OF PUBLIC ACTS AND RECORDS (§§ 24-6-101 — 24-6-201) › Part 1 - GENERAL PROVISIONS (§§ 24-6-101 — 24-6-107) › Section 24-6-107 - Certificate of search

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 6 - PROOF OF PUBLIC ACTS AND RECORDS (§§ 24-6-101 — 24-6-201) › Part 2 - JUDICIAL NOTICE (§ 24-6-201) › Section 24-6-201 - Judicial notice of foreign law in appellate court

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-102 - Use of statement of party given in student disciplinary proceeding concerning sexual misconduct - No right of party to be represented at public expense - Adoption of rules of evidence

(a)
A written or oral statement of a party given in a student disciplinary proceeding concerning sexual misconduct must not be admissible in any civil or criminal trial, hearing, or proceeding for any purpose or be used for impeachment without the informed and written consent of the party if the statement was made in a student disciplinary proceeding in which the party did not have the active assistance of counsel.
(b)
This section does not create a right for a party to be represented at the expense of the public, including a public institution of higher education.
(c)
This section does not require a public institution of higher education to adopt formal rules of evidence in student disciplinary proceedings that are not a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
As used in this section:
(1)
"Active assistance of counsel" means the right to be represented by a licensed attorney who is allowed to fully participate in the student disciplinary proceeding or an appeal of a result of a student disciplinary proceeding;
(2)
"Civil or criminal trial, hearing, or proceeding" does not include any type of civil action, counterclaim, cross-claim, or third-party complaint initiated by or against a public institution of higher education;
(3)
"Fully participate" means being allowed to engage in the following conduct in a student disciplinary proceeding on behalf of a party:
(A)
Make arguments to the hearing officer, including opening and closing arguments during a hearing and arguments on procedural and evidentiary issues; and
(B)
Examine and cross-examine witnesses, directly or indirectly, if live witness testimony is presented;
(4)
"Hearing officer" means:
(A)
A hearing officer, hearing panel, or hearing board in a student disciplinary proceeding other than a contested case conducted under the Uniform Administrative Procedures Act; or
(B)
An administrative law judge or hearing officer under the contested case provisions of the Uniform Administrative Procedures Act;
(5)
"Party" means:
(A)
A student accused of sexual misconduct; or
(B)
A victim of sexual misconduct;
(6)
"Sexual misconduct" means a violation of a public higher education institution's disciplinary policies concerning sexual assault, dating violence, domestic violence, or stalking; and
(7)
"Student disciplinary proceeding" means a hearing, proceeding, or any other non-law enforcement process, other than an investigation, that is used by a public higher education institution to determine whether sexual misconduct occurred or to impose a sanction with respect to sexual misconduct.
Acts 2018, ch. 980, § 4.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-103 - Statements on marijuana use made in the scope of medical care - Admissibility

Notwithstanding another law to the contrary, a person's statement regarding the person's use or possession of marijuana to a pharmacist, physician, physician assistant, nurse, or nurse practitioner licensed under title 63 that was made in the course or scope of the person's medical care, as defined in §
56-7-2902
, for the purpose of obtaining medical advice on possible adverse effects of marijuana use in combination with other medications or medical treatment is not admissible as evidence in any criminal trial, hearing, or proceeding in which the person is a defendant; provided, that the person may expressly waive this prohibition and request the statement be admitted as evidence.
Added by 2023 Tenn. Acts, ch. 270, s 1, eff. 4/28/2023.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-106 - Receipts and releases

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-107 - Settlements of debts

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.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-114 - Testimony before committee of general assembly inadmissible

Without the consent of such witness there shall not be admitted into evidence in any civil proceeding in the courts of this state the testimony of a witness given before any committee of the general assembly of the state; provided such testimony when given was pertinent to the inquiry of such committee or responsive to a question from such committee.
Acts 1959, ch. 27, § 1; T.C.A., § 24-717; T.C.A §
24-7-113
.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-115 - Opinions as to medical findings

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
.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-117 - Audiovisually recorded testimony in child sexual abuse proceedings

(a)
This section shall apply to proceedings in the prosecution of offenses defined in §
37-1-602
as "child sexual abuse" and to any civil proceeding in which child sexual abuse as defined in §
37-1-602
is an issue, and it shall apply only to the statements of a child or children under the age of thirteen (13) years of age who are victims of such abuse.
(b)
The court may, on the motion of any party, order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact. Only the court, the attorneys for the parties, the defendant, persons necessary to operate the equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during the child's testimony. Only the attorneys or the court may question the child. The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits such persons to see and hear the child during the child's testimony, but does not permit the child to see or hear them. The court shall permit the defendant to observe and hear the testimony of the child in person. The court shall also ensure that:
(1)
The recording is both visual and oral and is recorded on film or videotape or by other similar audiovisual means;
(2)
The recording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and is not altered;
(3)
Each voice on the recording is identified; and
(4)
The attorney for the defendant is afforded an opportunity to view the recording before it is shown in the courtroom.
(c)
The court may, on the motion of either party upon showing of good cause, order that additional testimony of the child be taken, if time and circumstances permit, outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact in the proceeding in accordance with subsection (b). If time and circumstances do not permit such additional out of court recording, the court may order the child to testify in court. The testimony of the child shall be restricted to the matters specified by the court as the basis for granting such order.
(d)
If the court orders the testimony of a child to be taken under subsection (b) or (c), the child shall not be required to testify in court at the proceeding for which the testimony was taken, unless so ordered pursuant to subsection (c).
Acts 1985, ch. 478, § 18; 1991, ch. 273, § 29; T.C.A., §
24-7-116
.