Article IX. Authentication

219

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.

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