(a) The testimony of a certifying professional may be made by deposition or affidavit only with the consent of the defendant‘s counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the defendant or the defendant’s counsel has consented, and the defendant’s right of cross-examination of the certifying professional shall be preserved.

Terms Used In Tennessee Code 33-3-615

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Consent: means voluntary agreement to what is reasonably well understood regardless of how the agreement is expressed. See Tennessee Code 33-1-101
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Statute: A law passed by a legislature.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as a certifying professional under the commitment statute may testify instead of a certifying professional if the person has examined the defendant within ten (10) days of the hearing, and the person shall testify as to each point of the commitment statute.
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