Tennessee Code 33-3-709 – Testimony of examining professionals – Depositions and affidavits
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Terms Used In Tennessee Code 33-3-709
- 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
- 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.
The testimony of an examining professional may be made by deposition or affidavit only with the consent of the transferee’s counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the transferee’s counsel has consented, and the transferee’s right of cross-examination of the examining professional shall be preserved. If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as an examining professional under the commitment statute may testify instead of an examining professional, if the person has examined the transferee within ten (10) days of the hearing.