Article IX. Authentication

Rule 903. Subscribing Witnesses’ Testimony

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by statute.

[As amended by ordered filed December 14, 2009, effective July 1, 2010.]

Advisory Commission Comments

In will contests, T.C.A. § 32-4-105 requires calling subscribing witnesses to a will.

Advisory Commission Comment [2010]

The title of the rule is changed to reflect reality.  A Tennessee statute does not necessitate testimony of all living witnesses in a will contest “if to be found.”  T.C.A. § 32-4-105.

License

Tennessee Rules of Evidence 2023-2024 Copyright © 2021 by BirdDog Law, LLC (No copyright claimed as to government works.). All Rights Reserved.