Article I. General Provisions

219

Rule 101: Scope

These rules shall govern evidence rulings in all trial courts of Tennessee except as otherwise provided by statute or rules of the Supreme Court of Tennessee.

 Advisory Commission Comments.
 
These rules would apply in all trials, including those in general sessions courts and juvenile courts. See T.R.Juv.P. 28(c) (adjudicatory hearings). Sentencing proceedings are not covered, with respect to strict application of the hearsay exclusionary rule. See T.C.A. § 40-35-209(b), T.C.A. § 39-2-203(c), and T.R.Juv.P. 32(f). Administrative hearings are not covered. See T.C.A. § 4-5-313(1).
 
 Advisory Commission Comments [1991].
 
The Tennessee Claims Commission applies the Tennessee Rules of Evidence by incorporation through internal Rule 43.
 
Advisory Commission Comments [1993].
 
These rules apply in all trials, including those in general sessions and juvenile courts. Some hearings, however, are not controlled solely by these rules. Preliminary proceedings and sentencing proceedings often involve hearsay not admissible under traditional exceptions. See, for example, T.C.A. § 40-35-209(b) and T.R.Juv.P. 15(b), 16(a), and 32(f). Administrative hearings are not governed exclusively by these rules; see T.C.A. § 4-5-313(1). The Tennessee Claims Commission, on the other hand, incorporates the Tennessee Rules of Evidence through internal Rule 43.

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