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Terms Used In Tennessee Code 24-8-103

  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

If the instrument is one which the law requires should be denied under oath, the affidavit, produced before or at the trial, shall be sufficient to establish the claimant’s right, whether such claimant is plaintiff or defendant; and if denied under oath, or otherwise legally put in issue, may be established by competent evidence of its contents.