Title 24 Evidence and Witnesses

Chapter 1 Witnesses and Privileged Communications

Part 2 Privileged Communications

§ 24-1-201. Married persons.

(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. (1) In a criminal proceeding a marital confidential communication shall be privileged if:
  1. (A) The communications originated in a confidence that they will not be disclosed;
  2. (B) The element of confidentiality is essential to the full and satisfactory maintenance of the relation between the parties;
  3. (C) The relation must be one which, in the opinion of the community, ought to be sedulously fostered; and
  4. (D) The injury to the relation by disclosure of the communications outweighs the benefit gained for the correct disposal of litigation.
2. (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.

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37-1-411

§ 24-1-202. Transactions with mentally incompetent party.

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.

§ 24-1-203. Transactions with decedent or ward — Dead man's statute.

In actions or proceedings by or against executors, administrators, or guardians, in which judgments may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate, or ward, unless called to testify thereto by the opposite party. If a corporation is a party, this disqualification shall extend to its officers of every grade and its directors.

§ 24-1-204. Communications during crisis intervention.

(a) As used in this section:
1. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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.

§ 24-1-205. Disclosures by victim advocates prohibited — Judicial authority to compel — Victim's waiver of privilege — Limitations.

(a) As used in this section:
1. (1) “Advocate” means an employee or volunteer of a domestic violence shelter, crisis line, or victim services provider who provides services for victims of domestic violence, sexual assault, stalking, or human trafficking and who has completed a minimum of twenty (20) hours of relevant training, including, but not limited to, training on the application of this section, from a victim services provider;
2. (2) “Victim” means a person seeking assistance because the person is a domestic abuse victim as defined by § 36-3-601; victim of an offense under title 39, chapter 13, part 5; trafficked person as defined by § 39-13-314; or a victim of stalking as defined by § 39-17-315, regardless of where or how the person seeks or receives services; and
3. (3) “Victim services provider” is an entity or organization providing direct services to victims, but does not include a law enforcement agency, the department of children's services, the department of human services, the division of adult protective services, or the office of a district attorney general.
(b) An advocate shall not disclose any of the following in a judicial, legislative, or administrative proceeding, except as provided in this section or when a report of abuse is otherwise required by law:
1. (1) A communication, including verbal, written, or otherwise stored information, received by the advocate from a victim;
2. (2) Records regarding a victim stored by the advocate in the course of business;
3. (3) Counseling that a victim received;
4. (4) Crisis intervention services that a victim received; or
5. (5) The location of the shelter that accommodated a victim.
(c) This section does not limit the ability of a court to compel disclosure if, upon the motion of a party, the court determines after an in-camera review that:
1. (1) The information sought is relevant and material evidence of the facts and circumstances involved in an alleged criminal act that is the subject of a criminal proceeding or a proceeding brought by the department of children's services under title 37;
2. (2) The probative value of the information outweighs the harmful effect of disclosure, if any, on the victim, the victim-advocate relationship, and the treatment services; and
3. (3) The information cannot be obtained by reasonable means from any other source.
(d) The victim may waive the privilege of the communication in subsection (b) only by express written consent. A victim's consent is not implied when the victim is a party to any judicial, legislative, or administrative proceeding. The privilege terminates upon the death of the victim.
(e) If the victim files a lawsuit against an advocate or a victim services provider, this section does not limit the ability of the advocate or victim services provider to raise a defense when the confidential communications are relevant to a claim or defense.
(f) This section does not apply to advocates with child advocacy centers and child protective investigator teams.
(g) This section does not limit access to records by the department of children's services when the department is investigating an allegation of child abuse or neglect.
(h) This section does not limit or expand the ability of law enforcement to make arrangements with a shelter in order to serve any legal papers or process regarding a person staying at a shelter, pursuant to § 71-6-208.

§ 24-1-206. Clergy — Communications confidential — Waiver — Misdemeanor offense.

(a)
1. (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. (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.

§ 24-1-207. Communications between psychiatrist and patient.

(a) Communications between a patient and a licensed physician when practicing as a psychiatrist in the course of and in connection with a therapeutic counseling relationship regardless of whether the therapy is individual, joint, or group, are privileged in proceedings before judicial and quasi-judicial tribunals. Neither the psychiatrist nor any member of the staff may testify or be compelled to testify as to such communications or otherwise reveal them in such proceedings without consent of the patient except:
1. (1) In proceedings in which the patient raises the issue of the patient's mental or emotional condition;
2. (2) In proceedings for which the psychiatrist was ordered by the tribunal to examine the patient if the patient was advised that communications to the psychiatrist would not be privileged, but testimony as to the communications is admissible only on issues involving the patient's mental or emotional condition; and
3. (3) In proceedings to involuntarily hospitalize the patient under title 33, chapter 6, part 4 or title 33, chapter 6, part 5, if the psychiatrist decides that the patient is in need of care and treatment in a residential facility. Unless otherwise ordered by the court, the exception is limited to disclosures necessary to establish that the patient poses a substantial likelihood of serious harm requiring involuntary hospitalization under title 33, chapter 6, part 4 or title 33, chapter 6, part 5.
(b) When personally identifiable patient information is to be disclosed in a judicial or quasi-judicial proceeding or any other public proceeding, the authority conducting the proceeding shall take reasonable steps to prevent unnecessary exposure of such information to the public and to further this section's policy of protecting the right of privacy. Such steps may include screening of questions in prehearing conferences and in camera inspection of papers.
(c)
1. (1) Privileged communications between a patient and a licensed physician when practicing as a psychiatrist in the course of and in connection with a therapeutic counseling relationship, regardless of whether the therapy is individual, joint, or group, may be disclosed without consent of the patient if:
  1. (A) Such patient has made an actual threat to physically harm an identifiable victim or victims; and
  2. (B) The treating psychiatrist makes a clinical judgment that the patient has the apparent capability to commit such an act and that it is more likely than not that in the near future the patient will carry out the threat.
2. (2) The psychiatrist may disclose patient communications to the extent necessary to warn or protect any potential victim. No civil or criminal action shall be instituted, nor shall liability be imposed due to the disclosure of otherwise confidential communications by a psychiatrist pursuant to this subsection (c).

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§ 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. (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. (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:
  1. (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;
  2. (B) The person has demonstrated that the information sought cannot reasonably be obtained by alternative means; and
  3. (C) The person has demonstrated a compelling and overriding public interest of the people of the state of Tennessee in the information.
3. (3)
  1. (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.
  2. (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.
  3. (C) Any order of the court of appeals may be appealed to the supreme court of Tennessee as provided by law.

§ 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.

§ 24-1-210. Interpreters — Dual party relay operators.

(a) As used in this section, unless the context otherwise requires:
1. (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. (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).

§ 24-1-211. Deaf persons — Providing oral or deaf sign language interpreters in administrative and judicial proceedings.

(a) As used in this section:
1. (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. (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. (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. (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. (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. (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. (1) It shall be the responsibility of the appointing authority to channel requests for qualified interpreters through:
  1. (A) Local interpreter/referral centers for the deaf;
  2. (B) The Tennessee Registry of Interpreters for the Deaf;
  3. (C) The Tennessee council for the deaf and hard of hearing; or, in the alternative,
  4. (D) The department of human services, division of vocational rehabilitation.
2. (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.

Chapter 2 Attendance of Witnesses

§ 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.

§ 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.

§ 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.

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§ 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.

§ 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.

§ 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.

§ 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.

§ 24-2-108. Language required in subpoena.

Each subpoena issued should at a minimum contain explicit language that states:
1. (1) A party being served must appear and that failure to appear may put such party in contempt of court; and
2. (2) The penalties such party may face by being held in contempt of court.

§ 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. (1) As a teacher with an active teaching license; or
2. (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.

Chapter 4 Compensation of Witnesses

§ 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.

§ 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.

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§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

Chapter 5 Presumptions

§ 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.

§ 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.

§ 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.

§ 24-5-104. [Reserved.]

§ 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.

§ 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.”

§ 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).
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- 62-20-124(a)(5)
- 62-20-124(d)(3)
(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.

§ 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.

§ 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.

§ 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. (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. (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.

§ 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.

§ 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.

§ 24-5-113. Medical, hospital or doctor bills — Prima facie evidence of necessity and reasonableness.

(a)
1. (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. (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. (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. (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. (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.

§ 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.

§ 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.

Chapter 6 Proof of Public Acts and Records

Part 1 General Provisions

§ 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.

§ 24-6-102 — 24-6-104. [Reserved.]

§ 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.

§ 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.

§ 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.

Part 2 Judicial Notice

§ 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.

Chapter 7 Admissibility of Evidence

§ 24-7-101. Child's out-of-court, non-testimonial statement.

(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. (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. (2) The child's testimony is not reasonably obtainable by the proponent of the statement;
3. (3) Independent proof exists of the sexual act or act of physical violence; and
4. (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. (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. (2) The court finds that:
  1. (A) The child is absent from the trial or hearing;
  2. (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
  3. (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. (3) The court finds that:
  1. (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
  2. (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.

§ 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. (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. (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. (3) “Fully participate” means being allowed to engage in the following conduct in a student disciplinary proceeding on behalf of a party:
  1. (A) Make arguments to the hearing officer, including opening and closing arguments during a hearing and arguments on procedural and evidentiary issues; and
  2. (B) Examine and cross-examine witnesses, directly or indirectly, if live witness testimony is presented;
4. (4) “Hearing officer” means:
  1. (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
  2. (B) An administrative law judge or hearing officer under the contested case provisions of the Uniform Administrative Procedures Act;
5. (5) “Party” means:
  1. (A) A student accused of sexual misconduct; or
  2. (B) A victim of sexual misconduct;
6. (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. (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.

§ 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.

§ 24-7-104, 24-7-105. [Reserved.]

§ 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.

§ 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.

§ 24-7-108 — 24-7-111. [Reserved.]

§ 24-7-112. Tests to determine parentage — Admissibility in evidence — Costs.

(a)
1. (1)
  1. (A) In any contested paternity case, unless the individual is found to have good cause under § 654(29) of the Social Security Act (42 U.S.C. § 654(29)), the court, or the department of human services in Title IV-D child support cases, shall order the parties and the child to submit to genetic tests to determine the child's parentage upon the request of any party if the request is supported by an affidavit of the party making the request:
    1. (i) and such affidavit: Alleges paternity, and sets forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or
    2. (ii) Denies paternity, and sets forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties;
    3. (iii) and such affidavit: Denies paternity.
  2. (B) In addition, upon the court's own motion, at such times as it deems equitable, or by administrative order by the department of human services in Title IV-D child support cases, tests and comparisons pursuant to this section shall be ordered; or
  3. (C) In any case, except terminations of parental rights or adoptions under title 36 or title 37, in which the paternity of a child is at issue and the question of parentage arises, and an agreed order or divorce decree has been entered finding that an individual is not the parent of the child, the finding shall not be entitled to preclusive effect unless the finding was based upon scientific tests to determine parentage which excluded the individual from parentage of the child in question.
2. (2) During any other civil or criminal proceeding in which the question of parentage arises, upon the motion of either party or on the court's own motion, the court shall at such time as it deems equitable order all necessary parties to submit to any tests and comparisons which have been developed and adapted for purposes of establishing or disproving parentage.
3. (3) In any civil or criminal proceedings pursuant to this section, the tests ordered shall be conducted by an accredited laboratory. In the case of genetic tests, and at such time as the secretary of health and human services designates accreditation entities which acknowledge the reliability of types of genetic tests used in the establishment of paternity, such genetic tests shall be of the type which are generally acknowledged as reliable by accreditation entities designated by the secretary, and the genetic tests shall be performed by a laboratory approved by such a designated accreditation entity.
4. (4) The results of such tests and comparisons which are ordered pursuant to this section, including the statistical likelihood of the alleged parent's parentage, if available, may be admitted into evidence as provided in subsection (b).
(b) Upon receiving the results of the tests and comparisons conducted pursuant to subsection (a), the court shall proceed as follows:
1. (1)
  1. (A) Either party may request an additional parentage test upon the advanced payment of the costs of the additional parentage test. If the additional tests are requested by the department of human services, its contractors or any state agency, the costs of such additional tests shall be paid for upon being billed for such by the testing agent and may be recovered by those entities in any parentage proceeding from the person established as parent of the child;
  2. (B)
    1. (i) If the results of the first test exclude paternity and the second test also exclude paternity, or, if the initial test results are negative on the issue of paternity establishment and no second test is requested, this shall be conclusive evidence of nonpaternity and the action shall be dismissed;
    2. (ii) If the results of the first test establish paternity and the second test again establishes a positive statistical probability of parentage as described in subdivision (b)(2)(B) or (C), the positive test results with the greater positive probability of parentage shall be definitive for purposes of the application of the appropriate evidentiary standards relative to the presumptions and the defenses available in subdivision (b)(2);
    3. (iii) If the results of the second test are different from the first test in their outcome relative to the exclusion or establishment of paternity, the court, or the department in appropriate cases, may order a third test, or the court may make a determination between the accuracy of the previous two (2) tests for purposes of determining paternity;
  3. (C) The results of any tests which may exclude a person as the father shall not preclude the initiation of a new paternity action involving another putative father or by a putative father against a mother to establish his paternity;
2. (2)
  1. (A) In any proceeding where the paternity of an individual is at issue, the written report of blood, genetic, or DNA test results by the testing agent concerning the paternity is admissible without the need for any foundation testimony or other proof of the authenticity or accuracy of the test unless a written objection is filed with the court and served upon all parties thirty (30) days prior to the date of the hearing. For purposes of this section, service shall be deemed made upon the date of mailing;
  2. (B) A rebuttable presumption of the paternity of an individual is established by blood, genetic, or DNA testing showing a statistical probability of paternity of that individual at ninety-five percent (95%) or greater. In such event, the case shall be tried before the court without a jury regarding the issue of paternity without the evidentiary limitations of subdivision (b)(2)(C);
  3. (C) When the results of blood, genetic or DNA tests show a statistical probability that a man is the father of the child in question by a statistical probability of ninety-nine percent (99%) or greater, the putative father may only attempt to rebut his paternity of the child by filing a motion with the tribunal and establishing upon clear and convincing evidence one (1) or more of only the following circumstances:
    1. (i) The putative father had undergone a medical sterilization procedure prior to the probable period of conception, or other medical evidence demonstrates that he was medically incapable of conceiving a child during the probable period of conception;
    2. (ii) That the putative father had no access to the child's mother during the probable period of conception;
    3. (iii) That the putative father has, or had, an identical twin who had sexual relations with the child's mother during the probable period of conception; or
    4. (iv) The putative father presents evidence in the form of an affidavit that another man has engaged in sexual relations with the mother of the child in question during the period of probable conception. In this case, the court shall order genetic testing of that other man in conformity with this section. The results of that genetic test must indicate that the other man has a statistical probability of paternity of ninety-five (95%) or greater to establish an effective defense pursuant to this subdivision;
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    24-7-113(e)(3)
  4. (D)
    1. (i) If, after test results showing a statistical probability of ninety-nine percent (99%) or greater, the putative father is able to show by clear and convincing evidence to the court that one (1) of the enumerated defenses in subdivision (b)(2)(C) is present, the matter shall be set for trial before the court without a jury;
    2. (ii) If the putative father does not raise one (1) of the enumerated defenses in subdivision (b)(2)(C) or does not establish by clear and convincing evidence that one (1) of the enumerated defenses in subdivision (b)(2)(C) is present after test results showing a statistical probability of paternity of ninety-nine percent (99%) or greater, the court shall, upon motion by the other party, establish that individual as the father of the child in question, and shall order child support as required by title 36, chapter 5;
  5. (E) An affidavit documenting the chain of custody of any specimen used in any test pursuant to this section is admissible to establish the chain of custody;
3. (3) All costs relative to the tests and comparisons under this section shall be paid initially by the party requesting such tests with the final allocation of costs awaiting the outcome of the proceedings, at which time the court shall determine the proper allocation of costs. Costs for initial tests requested by the department of human services or its contractors or any other state agency shall be paid by those entities with the costs to be recovered in any parentage proceeding from the person established as parent of the child.
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§ 24-7-113. Voluntary acknowledgment of paternity.

(a) A voluntary acknowledgment of paternity which is completed under § 68-3-203(g), § 68-3-302, or § 68-3-305(b) by an unwed father or under similar provisions of another state or government shall constitute a legal finding of paternity on the individual named as the father of the child in the acknowledgment, subject to rescission as provided in subsection (c). The acknowledgment, unless rescinded pursuant to subsection (c), shall be conclusive of that father's paternity without further order of the court.
(b)
1. (1) A voluntary acknowledgment of paternity which is completed under § 68-3-203(g), § 68-3-302, or § 68-3-305(b), or under similar provisions of another state or government, when certified by the state registrar or other governmental entity maintaining the record of the acknowledgment, or the copy of the voluntary acknowledgment completed pursuant to § 68-3-302(d), shall be a basis for establishing a support order without requiring any further proceedings to establish paternity.
2. (2) An acknowledgment of paternity executed as described in subdivision (b)(1) shall be entitled to full faith and credit in any judicial or administrative proceeding in this state.
3. (3) No judicial or administrative proceedings are required, nor shall any such proceedings be permitted, to ratify an unchallenged acknowledgment of paternity in order to create the conclusive status of the acknowledgment of paternity.
(c)
1. (1) A signatory to a voluntary acknowledgment shall be permitted to rescind the voluntary acknowledgment at the earlier of:
  1. (A) The completion and submission of a sworn statement refuting the named father on a form provided by the state registrar. This form must be filed in the office of vital records of the department of health, together with the fee required by the registrar within sixty (60) days of the date of completion of the acknowledgment; or
  2. (B) Within the sixty-day period following completion of the acknowledgment, at any judicial or administrative proceeding during that period at which the signatory is a party and which proceeding relates to the child, by completion of the form described in subdivision (c)(1)(A) or by the entry of an order by the administrative or judicial tribunal which directs the rescission of such acknowledgment.
2. (2) The registrar may impose a fee for the filing of the rescission of voluntary acknowledgment in subdivision (c)(1)(A) and the registrar shall send a copy of the rescinded acknowledgment to the other signatory of the original acknowledgment. If an individual seeking to rescind an acknowledgment completes an affidavit of indigency which accompanies the rescission form, the fee shall be waived. Any fee for filing a rescission of a voluntary acknowledgment based upon fraud shall be assessed by the court against the person found to be the perpetrator of the fraud.
(d) If, at any time during the hearing described in subdivision (c)(1)(B), the court, the referee, or the hearing officer has reasonable cause to believe that a signatory of the acknowledgment is or was unable to understand the effects of executing such acknowledgment, the court, the referee or hearing officer shall explain orally to the individual the effects of the execution of the acknowledgment, and the right to rescind the voluntary acknowledgment pursuant to subsection (c), and the right to parentage tests to determine paternity pursuant to § 24-7-112 in any proceeding relative to the issue of paternity of the child.
(e)
1. (1) If the voluntary acknowledgment has not been rescinded pursuant to subsection (c), the acknowledgment may only be challenged on the basis of fraud, whether extrinsic or intrinsic, duress, or material mistake of fact.
2. (2) The challenger must institute the proceeding upon notice to the other signatory and other necessary parties including the Title IV-D agency, and if the court finds based upon the evidence presented at the hearing that there is substantial likelihood that fraud, duress, or a material mistake of fact existed in the execution of the acknowledgment of paternity, then, and only then, the court shall order parentage tests. Nothing herein shall preclude the challenger from presenting any other form of evidence as a substitute for the parentage tests if it is not possible to conduct such tests.
3. (3) The test results certified under oath by an authorized representative of an accredited laboratory shall be filed with the court and shall be admissible on the issue of paternity pursuant to § 24-7-112(b). If the acknowledged father is found to be excluded by the tests, an action seeking support shall be dismissed or the acknowledgment of paternity shall be rescinded, as appropriate. If the test results show a statistical probability of ninety-five percent (95%) or greater, a rebuttable presumption of paternity shall be established and the issue of paternity shall be tried before the court without a jury. If the test results show a probability of paternity of ninety-nine percent (99%) or greater, the acknowledgment of paternity will become conclusive and no further action shall be necessary to establish paternity unless a motion asserting the defenses of § 24-7-112(b)(2)(C) is successfully brought.
4. (4) The burden of proof in any such proceeding shall be upon the challenger.
5. (5) During the pendency of the hearing under this subsection (e) and any appeal from such hearing, the legal responsibilities of the signatory, including any child support obligations, may not be suspended, except for good cause shown.
(f) The state of Tennessee, its officers, employees, agents or contractors, or any Title IV-D child support enforcement agency shall not be liable in any case to compensate any person for repayment of child support paid or for any other costs as a result of the rescission of any voluntary acknowledgment or the rescission of any orders of legitimation, paternity, or support entered under this section.
(g)
1. (1) The rescission of an acknowledgment of paternity or entry of any order rescinding any acknowledgment of paternity pursuant to subsection (c) shall not preclude the initiation of a paternity action against the signatory who is the alleged putative father, or by a putative father against a mother to establish his paternity, nor shall it preclude the initiation of a paternity action against another putative father.
2. (2) If, however, the voluntary acknowledgment is rescinded by order of the court based upon tests conducted pursuant to subsection (e) which excluded a person as parent, no further action may be initiated against such excluded person.
(h)
1. (1) The original of the form rescinding the voluntary acknowledgment of paternity or a certified copy of any order rescinding a voluntary acknowledgment of paternity or a prior order of legitimation or paternity shall be sent by the person rescinding it or, as the case may be, by the clerk to the state registrar at the office of vital records of the department of health.
2. (2) Upon receipt of the form rescinding the acknowledgment which was executed and filed with the registrar within the sixty-day period or upon receipt of the order which shows on its face that the voluntary acknowledgment has been rescinded at the hearing which is held no later than the sixtieth day following the completion of the voluntary acknowledgment, or upon receipt of a certified court order with a finding shown clearly in the court order that the voluntary acknowledgment of paternity was rescinded due to fraud, either intrinsic or extrinsic, duress or material mistake of fact, the registrar shall make the appropriate amendments to the birth certificate of the child who was the subject of the order.

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§ 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.

§ 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.

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29-34-708(b)

§ 24-7-116. Telephone company records.

(a)
1. (1) In any judicial proceeding in which a telephone company is subpoenaed to produce records of customer service or billing charges, it shall be sufficient compliance with the subpoena if the custodian or other authorized agent of the company shall, either by personal delivery or by certified or registered mail, file with the court clerk a true and correct copy of all records described in such subpoena. The records shall be accompanied by an affidavit of the custodian stating in substance:
  1. (A) That the affiant is duly authorized custodian of the records and has authority to certify the records;
  2. (B) That the copy is a true copy of all the records described in the subpoena; and
  3. (C) That the records were prepared by the personnel of the company acting under the control of the company, in the ordinary course of business.
2. (2) If the company has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available.
(b)
1. (1) Where the personal attendance of the custodian of telephone company records is required, the subpoena duces tecum shall contain a clause which reads:
  1. “The custodian must personally attend in order to comply with this subpoena.”
2. (2) Where both the personal attendance of the custodian and the production of the original record are required, the subpoena duces tecum shall contain a clause which reads:
  1. “The custodian must personally attend and produce the original records in order to comply with this subpoena.”
3. (3) Where the personal attendance of the custodian is required, the reasonable cost of producing the records and attendance of the custodian shall be taxed as costs of court, subject to review by the court after notice and hearing to the involved parties and to the telephone company.
(c)
1. (1) If the records are confidential by state or federal law, the copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness and date of subpoena clearly inscribed thereon. The sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows:
  1. (A) If the subpoena directs attendance in court, to the clerk of such court or to the judge thereof;
  2. (B) If the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition or at the officer's place of business; and
  3. (C) In other cases, to the officer, body or tribunal conducting the hearing, at a like address.
2. (2) Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. Records which are not introduced in evidence or required as part of the records shall be returned to the person or entity from whom received.
(d)
1. (1) The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit.
2. (2) The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary.
(e) In view of the property right of a telephone company in its records, original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body or tribunal conducting the hearing. The custodian may prepare copies of original records in advance of testifying for the purpose of making substitution of the original record, and the reasonable charges for making such copies shall be taxed as costs of court. If copies are not prepared in advance, they can be made and substituted at any time after introduction of the original record, and the reasonable charges for making such copies shall be taxed as costs of court.
(f) Notwithstanding any other law to the contrary, telephone company records that have been subpoenaed may be delivered by facsimile to local law enforcement officials. The custodian or other authorized agent of the company subsequently, by registered or certified mail, shall file with the court clerk a true and correct copy of all records described in such subpoena.

§ 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. (1) The recording is both visual and oral and is recorded on film or videotape or by other similar audiovisual means;
2. (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. (3) Each voice on the recording is identified; and
4. (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).

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§ 24-7-118. DNA analysis — Admissibility in evidence.

(a) As used in this section, unless the context otherwise requires, “DNA analysis” means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes.
(b)
1. (1) In any civil or criminal trial, hearing or proceeding, the results of DNA analysis, as defined in subsection (a), are admissible in evidence without antecedent expert testimony that DNA analysis provides a trustworthy and reliable method of identifying characteristics in an individual's genetic material upon a showing that the offered testimony meets the standards of admissibility set forth in the Tennessee Rules of Evidence.
2. (2) Nothing in this section shall be construed as prohibiting any party in a civil or criminal trial from offering proof that DNA analysis does not provide a trustworthy and reliable method of identifying characteristics in an individual's genetic material, nor shall it prohibit a party from cross-examining the other party's expert as to the lack of trustworthiness and reliability of such analysis.
(c) In any civil or criminal trial, hearing or proceeding, statistical population frequency evidence, based on genetic or blood test results, is admissible in evidence to demonstrate the fraction of the population that would have the same combination of genetic markers as was found in a specific biological specimen. For purposes of this subsection (c), “genetic marker” means the various blood types or DNA types that an individual may possess.

§ 24-7-119. Introduction of reproduction in place of original.

(a) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or created any writing, recording or photograph of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, electronic image or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law.
(b) Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not, and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court.
(c) The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original.

§ 24-7-120. Child's testimony—Closed circuit television.

(a) In a criminal case where the victim of any of the offenses listed in subsection (e) was under eighteen (18) years of age at the time the offense was committed, the court may order the child's testimony be taken outside the courtroom by means of two-way closed circuit television, hereafter referred to as “CCTV.” Prior to entering such an order, the trial judge must make a case-specific finding of necessity that:
1. (1) The particular child involved would be traumatized;
2. (2) The source of the trauma is not the courtroom generally, but the presence of the defendant; and
3. (3) The emotional distress suffered by the child would be more than de minimis, such that the child could not reasonably communicate.
(b) If the testimony of a child is ordered to be taken by two-way CCTV, it shall be taken during the judicial proceeding and the following rules shall apply:
1. (1) Only the prosecuting attorney, the attorney for the defendant, and the judge may question the child;
2. (2) The operators of CCTV shall make every effort to be unobtrusive;
3. (3) Only the following persons shall be permitted in the room with the child while the child testifies by CCTV:
  1. (A) The prosecuting attorney;
  2. (B) The attorney for the defendant;
  3. (C) An interpreter, where necessity dictates;
  4. (D) The operators of CCTV equipment;
  5. (E) Court security personnel, where required;
  6. (F) A parent, counselor or therapist; and
  7. (G) Any person whose presence, in the opinion of the court, contributes to the well-being of the child, including a person who has dealt with the child in a therapeutic setting concerning the offense;
4. (4) The child's testimony shall be memorialized by video-taped recording;
5. (5) During the child's testimony by CCTV, the judge, jury and the defendant shall remain in the courtroom;
6. (6) The judge and the defendant shall be allowed to communicate with those persons in the room where the child is testifying by any appropriate electronic method; and
7. (7) The defendant shall not be allowed to enter the room where the child is testifying by way of CCTV, except where the defendant is acting as an attorney pro se.
(c) This section shall not be interpreted to preclude, for the purpose of identification of the defendant, the presence of both the victim and the defendant in the courtroom at the same time.
(d) This section shall also apply to a witness who was not the victim of any of the offenses set out in subsection (e) but who was under eighteen (18) years of age at the time the offense which gave rise to the criminal case was committed; provided, there is an individual finding of necessity by the trial judge that conforms to the requirements of this section.
(e) The offenses to which this section applies are:
1. (1) Aggravated sexual battery, as defined in § 39-13-504;
2. (2) Rape of a child, as defined in § 39-13-522;
3. (3) Incest, as defined in § 39-15-302;
4. (4) Aggravated child abuse, as defined in § 39-15-402;
5. (5) Kidnapping, as defined in § 39-13-303;
6. (6) Aggravated kidnapping, as defined in § 39-13-304;
7. (7) Especially aggravated kidnapping, as defined in § 39-13-305;
8. (8) Criminal attempt, as defined in § 39-12-101, to commit any of the offenses enumerated within this subsection (e);
9. (9) Trafficking for commercial sex act as defined in § 39-13-309; and
10. (10) Patronizing prostitution as defined in § 39-13-514.

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24-7-101(e)

§ 24-7-121. Child support payment records.

(a)
1. (1)
  1. (A) The department of human services child support payment records shall be the official records for all payments which have been appropriately sent to the central collection and distribution unit pursuant to § 36-5-116.
  2. (B) Notwithstanding any other law or rule of evidence to the contrary, a computer printout or copy, by telecopier facsimile or otherwise, an electronic mail copy or copy obtained by way of internet access, of the child support payment screen which is generated from the Tennessee child support enforcement system (TCSES) operated by the department or its contractors shall be admitted into evidence as a nonhearsay, self-authenticating document in all judicial and administrative proceedings without the need for certification by a records custodian.
2. (2) No conclusive presumption of correctness shall attach to such record following admission, but the record shall constitute prima facie evidence of its correctness and shall be subject to rebuttal by alternative or conflicting documentary evidence of payment of the support obligation.
(b)
1. (1) In order to implement the provisions of subsection (a) and to provide access to any other requesting persons, the department shall develop child support program policies and procedures which allow the department, through its staff or its contractors, to provide copies of payment information from the TCSES child support payments screens utilized by the department or its contractors to any person requesting such information. The department may provide such information in any suitable manner which provides the information necessary for judicial or administrative proceedings under subsection (a) including, but not limited to, the transmission of the hard-copy prints of the TCSES child support payment screens by facsimile or by transmission by any electronic means, and may, specifically, make such payment records available through electronic mail of the record, or by internet access to information contained on TCSES. The department may establish a reasonable fee for such services.
2. (2) Any individual who knowingly alters, or who assists any individual to alter, any information obtained from the department pursuant to this section and such altered information is utilized for the purposes of establishing, enforcing, or modifying child or spousal support or defending such actions, or for the purposes of defending or prosecuting any contempt action involving child or spousal support, commits a Class A misdemeanor.
(c) For purposes of the Uniform Interstate Family Support Act (UIFSA), compiled in title 36, chapter 5, parts 21-29, the department or its contractors shall be considered custodians of the support records subject to such act.
(d) In the event that any testimony regarding payment records is required by any state officer, employee or contractor of the department in any child support case, no personal appearance shall be required and such officer, employee or contractor of the department shall have the option to appear in person or to testify by telephonic or other suitable electronic means or by affidavit. In no event shall any state officer, employee or contractor of the department be required to testify in any proceeding unless such officer, employee or contractor of the department has personal knowledge of the facts underlying such payment record.

§ 24-7-122. Medical records.

(a) As used in this section, “medical records” means all written clinical information that relates to the treatment of individuals, when the information is kept in an institution.
(b) Medical records or reproductions of medical records, when duly certified by their custodian, physician, physical therapist or chiropractor, need not be identified at the trial and may be used in any manner in which records identified at the trial by these persons could be used. The records shall be accompanied by a statement signed by the person containing the following information:
1. (1) The person has authority to certify the records;
2. (2) The copy is a true copy of all the records described in the subpoena; and
3. (3) The records were prepared by the personnel of the company acting under the control of the company, in the ordinary course of business.
(c) When records or reproductions of records are used at trial pursuant to this section, the party desiring to use the records or reproductions in evidence shall serve the opposing party with a copy of the records or reproductions no later than sixty (60) days before the trial, with notice that the records or reproductions may be offered in evidence, notwithstanding any other rules or statutes to the contrary.

§ 24-7-123. Admission of video recording of interview of child describing sexual conduct.

(a) Notwithstanding this part to the contrary, a video recording of a child by a forensic interviewer containing a statement made by the child under eighteen (18) years of age describing an act of sexual or physically violent contact performed with or on the child by a person or describing an act of sexual or physically violent contact performed by a person with or on another and witnessed by the child is admissible and may be considered for its bearing on any matter to which it is relevant in evidence at any stage of a criminal proceeding of the person for any offense arising from the sexual or physically violent contact if the requirements of this section are met.
(b) A video recording may be admitted as provided in subsection (a) if:
1. (1) The child testifies, under oath, that the offered video recording is a true and correct recording of the events contained in the video recording and the child is available for cross examination;
2. (2) The video recording is shown to the reasonable satisfaction of the court, in a hearing conducted pretrial, to possess particularized guarantees of trustworthiness. In determining whether a statement possesses particularized guarantees of trustworthiness, the court shall consider the following factors:
  1. (A) The mental and physical age and maturity of the child;
  2. (B) Any apparent motive the child may have to falsify or distort the event, including, but not limited to, bias or coercion;
  3. (C) The timing of the child's statement;
  4. (D) The nature and duration of the alleged abuse;
  5. (E) Whether the child's young age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child's knowledge and experience;
  6. (F) Whether the statement is spontaneous or directly responsive to questions;
  7. (G) Whether the manner in which the interview was conducted was reliable, including, but not limited to, the absence of any leading questions;
  8. (H) Whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement;
  9. (I) The relationship of the child to the offender;
  10. (J) Whether the equipment that was used to make the video recording was capable of making an accurate recording; and
  11. (K) Any other factor deemed appropriate by the court;
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  - 37-1-127(g)(2)(A)(i)
3. (3) The interview was conducted by a forensic interviewer who met the following qualifications at the time the video recording was made, as determined by the court:
  1. (A) Was employed by a child advocacy center that meets the requirements of § 9-4-213(a) or (b); provided, however, that an interview shall not be inadmissible solely because the interviewer is employed by a child advocacy center that:
    1. (i) Is not a nonprofit corporation, if the child advocacy center is accredited by a nationally recognized accrediting agency; or
    2. (ii) Employs an executive director who does not meet the criteria of § 9-4-213(a)(2), if the executive director is supervised by a publicly elected official;
  2. (B) Had graduated from an accredited college or university with a bachelor's degree in a field related to social service, education, criminal justice, nursing, psychology or other similar profession;
  3. (C)
    1. (i) Had experience equivalent to three (3) years of full-time professional work in one (1) or a combination of the following areas:
      1. (a) Child protective services;
      2. (b) Criminal justice;
      3. (c) Clinical evaluation;
      4. (d) Counseling; or
      5. (e) Forensic interviewing or other comparable work with children; or
    2. (ii) Had been supervised by an experienced forensic interviewer for a minimum of twenty (20) forensic interviews, in addition to the requirement of subdivision (b)(3)(E);
  4. (D) Had completed a minimum of forty (40) hours of forensic training in interviewing traumatized children and fifteen (15) hours of continuing education annually;
  5. (E) Had completed a minimum of eight (8) hours of interviewing under the supervision of a qualified forensic interviewer of children;
  6. (F) Had knowledge of child development through coursework, professional training or experience;
  7. (G) Had no criminal history as determined through a criminal records background check; and
  8. (H) Had actively participated in peer review;
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  - 37-1-127(g)(2)(A)(ii)
4. (4) The recording is both visual and oral and is recorded on film or videotape or by other similar audiovisual means;
5. (5) The entire interview of the child was recorded on the video recording and the video recording is unaltered and accurately reflects the interview of the child; and
6. (6) Every voice heard on the video recording is properly identified as determined by the court.
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- 37-1-127(g)(2)(B)
(c) The video recording admitted pursuant to this section shall be discoverable pursuant to the Tennessee Rules of Criminal Procedure.
(d) The court shall make specific findings of fact, on the record, as to the basis for its ruling under this section.
(e) The court shall enter a protective order to restrict the video recording used pursuant to this section from further disclosure or dissemination. The video recording shall not become a public record in any legal proceeding. The court shall order the video recording be sealed and preserved following the conclusion of the criminal proceeding.

§ 24-7-124. Results of radar, laser or similar devices used to measure the speed of a motor vehicle — Results of a breathalyzer or similar device to measure blood alcohol content.

(a) In any judicial or administrative proceeding in which the results of a radar, laser or similar device used to measure the speed of a motor vehicle are being introduced for the purpose of proving the speed of the motor vehicle or the conduct of the driver of the vehicle, such results shall not be admissible for such purposes unless the law enforcement officer operating the device has been trained pursuant to guidelines established by the National Highway Traffic Safety Administration or the Tennessee peace officer standards and training (POST) commission.
(b) In any judicial or administrative proceeding in which the results of a breathalyzer or similar device used to measure the alcohol content in a person's blood are being introduced for the purpose of proving the alcohol content in a person's blood or the intoxication of such person, such results shall not be admissible for such purposes unless the law enforcement officer operating the device has been trained by a recognized organization in the field as qualified to operate the device used.

§ 24-7-125. Admissibility of evidence of other crimes, wrongs, or acts — Conditions for admission.

In a criminal case, evidence of other crimes, wrongs, or acts is not admissible to prove the character of any individual, including a deceased victim, the defendant, a witness, or any other third party, in order to show action in conformity with the character trait. It may, however, be admissible for other purposes. The conditions which must be satisfied before allowing such evidence are:
1. (1) The court upon request must hold a hearing outside the jury's presence;
2. (2) The court must determine that a material issue exists other than conduct conforming with a character trait and must upon request state on the record the material issue, the ruling, and the reasons for admitting the evidence;
3. (3) The court must find proof of the other crime, wrong, or act to be clear and convincing; and
4. (4) The court must exclude the evidence if its probative value is outweighed by the danger of unfair prejudice.

Chapter 8 Lost Evidence

§ 24-8-101. Affidavit of loss.

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.

§ 24-8-102. Instrument in possession of adverse party.

If an instrument is wrongfully in the possession of the opposite party, who fails to produce it upon notice, its place may be supplied by the affidavit of any person acquainted with the facts, stating the contents as near as may be, the wrongful possession of the opposite party, notice to produce, and that such instrument is the property of the person claiming under it, unpaid and unsatisfied.

§ 24-8-103. Effect of affidavit.

If the instrument is one which the law requires should be denied under oath, the affidavit, produced before or at the trial, shall be sufficient to establish the claimant's right, whether such claimant is plaintiff or defendant; and if denied under oath, or otherwise legally put in issue, may be established by competent evidence of its contents.

§ 24-8-104. Requirement of indemnity bond.

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.

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24-8-106

§ 24-8-105. Sureties on indemnity bond.

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.

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24-8-106

§ 24-8-106. Action without bond.

The person recovering on such lost instrument may, however, after the lapse of two (2) years from the maturity of such instrument, enforce such person's recovery without giving the bond prescribed in §§ 24-8-104 and 24-8-105, in which case, the person from whom the recovery is had, may plead the judgment in bar of an action by the actual holder of such lost instrument.

§ 24-8-107. Intervention by true owner.

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.

§ 24-8-108. [Reserved.]

§ 24-8-109. Lost records.

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.

§ 24-8-110. Retaking lost depositions.

If the lost papers consist of depositions, the court may, in its discretion, order the testimony to be retaken, if the witnesses are alive.

Chapter 9 Depositions

Part 1 General Provisions

§ 24-9-101. Deponents exempt from subpoena to trial but subject to subpoena to deposition — Award of fees and expenses if court grants motion to quash.

(a) Deponents exempt from subpoena to trial but subject to subpoena to a deposition are:
1. (1) An officer of the United States;
2. (2) An officer of this state;
3. (3) An officer of any court or municipality within the state;
4. (4) The clerk of any court of record other than that in which the suit is pending;
5. (5) A member of the general assembly while in session, or clerk or officer thereof;
6. (6) A practicing physician, physician assistant, advanced practice registered nurse, psychologist, senior psychological examiner, chiropractor, dentist or attorney;
7. (7) A jailer or keeper of a public prison in any county other than that in which the suit is pending;
8. (8) A custodian of medical records, if such custodian files a copy of the applicable records and an affidavit with the court and follows the procedures provided in title 68, chapter 11, part 4, for the production of hospital records pursuant to a subpoena duces tecum; and
9. (9) A licensed clinical social worker, as defined in § 63-23-105 and engaged solely in independent clinical practice, in proceedings in which the department of children's services is the petitioner or intervening petitioner.
(b) If the court grants a motion to quash a subpoena issued pursuant to subsection (a), the court may award the party subpoenaed its reasonable attorney's fees and expenses incurred in defending against the subpoena.

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50-6-235(a)(2)

§ 24-9-102. General sessions cases.

(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.

§ 24-9-103. [Reserved.]

§ 24-9-104. Commissions to take depositions.

Any court of record, or any clerk thereof, may issue commissions to take depositions.

§ 24-9-105 — 24-9-134. [Reserved.]

§ 24-9-135. Persons before whom depositions to be taken.

Depositions taken in this state that are to be used in its courts shall be taken before:
1. (1) A hearing examiner;
2. (2) A judge, clerk, commissioner, or official reporter of a court;
3. (3) A licensed court reporter;
4. (4) A notary public; or
5. (5) Before other persons and under other circumstances authorized by law.

§ 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.

(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. (1) A party to the action or an attorney for one (1) of the parties;
2. (2) A relative, including a spouse of one (1) of the parties or of an attorney for one (1) of the parties;
3. (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. (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. (5) Someone with a financial interest in the action or its outcome.
(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. (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. (1) A deposition taken by a person described in subsection (a) is voidable at the election of any party unless:
  1. (A) After compliance with subsection (b), the parties have entered into a stipulation pursuant to Rule 29 of the Tennessee Rules of Civil Procedure;
  2. (B) An order has been entered pursuant to Rule 30.02(4)(A) of the Tennessee Rules of Civil Procedure; or
  3. (C) The party attempting to void the deposition has violated this section directly or through a related person described in subsection (a).
2. (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.

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24-9-137

§ 24-9-137. Person forbidden to take deposition pursuant to § 24-9-136 not to record or transcribe any hearing concerning action.

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.

Part 2 Uniform Interstate Depositions and Discovery Act

§ 24-9-201. Short title.

This part shall be known and may be cited as the “Uniform Interstate Depositions and Discovery Act.”

§ 24-9-202. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Foreign jurisdiction” means a state other than Tennessee;
2. (2) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction;
3. (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. (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. (5) “Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to:
  1. (A) Attend and give testimony at a deposition;
  2. (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
  3. (C) Permit inspection of premises under the control of the person.

§ 24-9-203. Issuance of subpoena.

(a) A party may submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. The request for and issuance of a subpoena in this state under this part shall not constitute making an appearance in the courts of this state.
(b) When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with the rules of court, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. The subpoena shall incorporate the terms used in the foreign subpoena and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

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§ 24-9-204. Service of subpoena.

A subpoena issued by a clerk of court under § 24-9-203 shall be served in compliance with the Tennessee Rules of Civil Procedure relative to service of process.

§ 24-9-205. Deposition, production, and inspection.

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.

§ 24-9-206. Application to court.

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.

§ 24-9-207. Award of attorney's fees and expenses.

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.

Part 3 Uniform Unsworn Foreign Declarations Act

§ 24-9-301. Short title.

This part may be cited as the “Uniform Unsworn Foreign Declarations Act.”

§ 24-9-302. Part definitions.

In this part:
1. (1) “Boundaries of the United States” means 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;
2. (2) “Law” includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order;
3. (3) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
4. (4) “Sign” means with present intent to authenticate or adopt a record:
  1. (A) To execute or adopt a tangible symbol; or
  2. (B) To attach to or logically associate with the record an electronic symbol, sound, or process;
5. (5) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
6. (6) “Sworn declaration” means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit; and
7. (7) “Unsworn declaration” means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.

§ 24-9-303. Applicability of part.

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.

§ 24-9-304. Validity of unsworn declaration.

(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this part has the same effect as a sworn declaration.
(b) This part does not apply to:
1. (1) A deposition;
2. (2) An oath of office;
3. (3) An oath required to be given before a specified official other than a notary public;
4. (4) A declaration to be recorded pursuant to title 66, chapter 24; or
5. (5) An oath required by § 32-2-110.

§ 24-9-305. Required medium.

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.

§ 24-9-306. Form of unsworn declaration.

An unsworn declaration under this part must be in substantially the following form:
1. 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.

§ 24-9-307. Uniformity of application and construction.

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§ 24-9-308. Relation to Electronic Signatures in Global and National Commerce Act.

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)).