Part 1 General Provisions 40-17-101 – 40-17-125
Part 2 Uniform Law to Secure Attendance of Witnesses 40-17-201 – 40-17-212

Terms Used In Tennessee Code > Title 40 > Chapter 17 - Evidence and Witnesses

  • 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.
  • Agency: means the Tennessee wildlife resources agency. See Tennessee Code 70-4-402
  • Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
  • Agriculture: means :

    • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

    • Angling: means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort. See Tennessee Code 70-1-101
    • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
    • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
    • Arrest: Taking physical custody of a person by lawful authority.
    • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
    • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
    • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
    • Big game: means deer, bear, wild turkey, and all species of large mammals that may be introduced or transplanted into this state for hunting. See Tennessee Code 70-1-101
    • Cage: means the primary enclosure in which an animal is held. See Tennessee Code 70-4-402
    • Carcass: means the dead body of any wildlife or a portion of any such dead body. See Tennessee Code 70-1-101
    • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
    • Commercial propagator: means any person or entity that may sell, barter, trade, propagate or transfer Class I wildlife, excluding transfers to other commercial propagators located within the boundaries of Tennessee, and that meets all other applicable license, permit, zoning and other requirements necessary to conduct business in the city, county and state where located. See Tennessee Code 70-4-402
    • Commission: means the Tennessee fish and wildlife commission. See Tennessee Code 70-4-402
    • Commission: means the Tennessee fish and wildlife commission, and "commissioner" means a member of the fish and wildlife commission. See Tennessee Code 70-1-101
    • Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representatives, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 69-11-102
    • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    • Contract: A legal written agreement that becomes binding when signed.
    • Conviction: A judgement of guilt against a criminal defendant.
    • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
    • Creel limit: means the maximum number of fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission. See Tennessee Code 70-1-101
    • Dam: means any artificial barrier, together with appurtenant works, that does or may impound or divert water, and that either:

      • (A) Is or will be twenty feet (20?) or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the commissioner. See Tennessee Code 69-11-102

      • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      • Days: means calendar days, including Sundays and holidays. See Tennessee Code 69-11-102
      • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      • Dependent: A person dependent for support upon another.
      • Devise: To gift property by will.
      • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
      • Docket: A log containing brief entries of court proceedings.
      • Donor: The person who makes a gift.
      • Drone: means a drone as defined in §. See Tennessee Code 70-4-301
      • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
      • Ex officio: Literally, by virtue of one's office.
      • Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 70-1-101
      • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
      • Falconry: means hunting by means of a trained raptor. See Tennessee Code 70-1-101
      • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
      • Felony: A crime carrying a penalty of more than a year in prison.
      • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
      • Fish: means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use. See Tennessee Code 70-1-101
      • Fishing: means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort. See Tennessee Code 70-1-101
      • Fraud: Intentional deception resulting in injury to another.
      • Fur bearer: means beaver, raccoon, skunk, groundhog, coyote, gray fox, red fox, mink, muskrat, otter, weasel, bobcat, and opossum, and all subspecies or variations of the foregoing, and any other animals that may be declared by the commission under regulation to be a fur bearer. See Tennessee Code 70-1-101
      • Game birds: means all species of grouse, pheasant, woodcock, wilson snipe, crow, quail, waterfowl, gallinules, rails, mourning dove, and all species of birds that may be introduced into this state for hunting. See Tennessee Code 70-1-101
      • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
      • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
      • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
      • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
      • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
      • Hours: means the hours of the day or night when wildlife may be taken lawfully. See Tennessee Code 70-1-101
      • Hunting: means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife. See Tennessee Code 70-1-101
      • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
      • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
      • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
      • Joint resolution: A legislative measure which requires the approval of both chambers.
      • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
      • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
      • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
      • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
      • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
      • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
      • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
      • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
      • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
      • Mobile facility: means a facility designed for the transporting of animals or for the holding of animals on a temporary basis. See Tennessee Code 70-4-402
      • Month: means a calendar month. See Tennessee Code 1-3-105
      • Motor vehicle: means any self-propelled vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, wherever operated, but does not include any vessel. See Tennessee Code 70-1-101
      • Nongame birds: means all species of birds not classified as game birds. See Tennessee Code 70-1-101
      • Nonresident: means any person who is not a resident. See Tennessee Code 70-1-101
      • Oath: includes affirmation. See Tennessee Code 1-3-105
      • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
      • Owner: means any person who owns an interest in, controls, or operates a dam. See Tennessee Code 69-11-102
      • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
      • Perimeter fence: means a secondary fence that prevents the public from touching the cage in which the animal is held. See Tennessee Code 70-4-402
      • Person: means any individual, firm, association, organization, partnership, business trust corporation, company, county, municipal or quasi-municipal corporation, public utility, utility or other district, the state of Tennessee and its departments, divisions, institutions, and agencies, and the duly authorized officers, agents, and representatives thereof, or any combination of any of the above. See Tennessee Code 69-11-102
      • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
      • person: includes a natural person, corporation, firm, company, association or any other business entity. See Tennessee Code 10-7-503
      • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
      • Personal possession permit: means a noncommercial type permit issued to private citizens for ownership or possession of nonbreeding animals in small numbers. See Tennessee Code 70-4-402
      • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
      • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
      • Possession: means both actual and constructive possession, and any control of the object or objects referred to. See Tennessee Code 70-1-101
      • Possession limit: means the maximum limit in number or amount of wildlife that may be lawfully in the possession of any one (1) person. See Tennessee Code 70-1-101
      • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
      • Probable cause: A reasonable ground for belief that the offender violated a specific law.
      • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
      • Property: includes both personal and real property. See Tennessee Code 1-3-105
      • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
      • Public hunting area: means a specific land or water area, or both, not intensively managed that is established for the protection of wildlife species and public use by both consumptive and nonconsumptive users. See Tennessee Code 70-1-101
      • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
      • Public road: means the traveled portion of, and the shoulders on each side of, any road or highway maintained for public travel by a county, city, city and county, the state, or the United States government, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road or highway. See Tennessee Code 70-1-101
      • Quorum: The number of legislators that must be present to do business.
      • Raptor: means all birds found in the wild that are members of the order of falconiformes, strigiformes, and specifically, but not by way of limitation, means falcons, hawks, owls, and eagles, except the golden and bald eagle. See Tennessee Code 70-1-101
      • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
      • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
      • Records custodian: means any office, official, or employee of any governmental entity lawfully responsible for the direct custody and care of a public record. See Tennessee Code 10-7-503
      • Refuge: means a specific land or water area, or both, that is established for the protection of one (1) or more species of wildlife with no, or limited forms of, consumptive uses, and limited nonconsumptive use to the degree compatible with desired wildlife protection. See Tennessee Code 70-1-101
      • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
      • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
      • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
      • Reservoir: means any basin that contains or will contain the water impounded by a dam. See Tennessee Code 69-11-102
      • Resident: means any person who resides in this state for a period of ninety (90) consecutive days with the genuine intent of making this state that person's place of permanent abode, and who, when absent, intends to return to this state. See Tennessee Code 70-1-101
      • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
      • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
      • Sell: includes the offering or possessing for sale, bartering, exchanging or trading. See Tennessee Code 70-1-101
      • Service of process: The service of writs or summonses to the appropriate party.
      • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
      • Small game: means fur bearers, game birds, swamp rabbits, bullfrogs, cottontail rabbits, fox squirrels, gray squirrels, red squirrels, and all species of small mammals and birds that may be introduced into this state for hunting. See Tennessee Code 70-1-101
      • State: includes any territory of the United States and the District of Columbia. See Tennessee Code 40-17-202
      • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • Statute: A law passed by a legislature.
      • Subpoena: A command to a witness to appear and give testimony.
      • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
      • Summons: includes a subpoena, order or other notice requiring the appearance of a witness. See Tennessee Code 40-17-202
      • Summons: Another word for subpoena used by the criminal justice system.
      • Taking: means the capture or killing of a wild animal and includes travel, camping, and other acts preparatory to taking that occur on lands or waters upon which the affected person has the right or privilege to take such wild animal. See Tennessee Code 70-4-301
      • Temporary exhibitors: means those transient animal acts not permanently located within the boundaries of this state. See Tennessee Code 70-4-402
      • Testify: Answer questions in court.
      • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
      • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
      • Transport: means to carry or convey from one place to another, and includes an offer to transport, or receipt or possession for transportation. See Tennessee Code 70-1-101
      • Trapping: means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting, or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices. See Tennessee Code 70-1-101
      • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
      • Trustee: A person or institution holding and administering property in trust.
      • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • Verdict: The decision of a petit jury or a judge.
      • Water: means that liquid, including solids or other matter dissolved or suspended in the liquid, that is or will be impounded. See Tennessee Code 69-11-102
      • Waters of the state: means any waters within the territorial limits of the state of Tennessee. See Tennessee Code 70-1-101
      • Wholesale fish dealer: means any person in the business of buying from a commercial fisher, fish or other edible aquatic life, or parts of fish or other edible aquatic life, or products taken from the waters of this state for the purpose of canning, preserving or processing. See Tennessee Code 70-2-206
      • Wholesale mussel dealer: means any person who buys freshwater mussels or parts of mussels for the purpose of selling, processing or handling for shipment, to wholesalers, retailers or consumers. See Tennessee Code 70-2-206
      • Wild animal: means any wild creature, the taking of which is authorized by the fish and game laws of the state. See Tennessee Code 70-4-301
      • Wild bird: means all game birds, nongame birds, and raptors. See Tennessee Code 70-1-101
      • Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
      • Wildlife management area: means a specific land or water area, or both, that is established for the intensive management of both habitat and wildlife species for optimum enhancement and use by both consumptive and nonconsumptive users. See Tennessee Code 70-1-101
      • Witness: includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. See Tennessee Code 40-17-202
      • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
      • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
      • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105