Testifying In Detinue Cases
Summary
In Tennessee, the Dead Mans Statute generally prevents parties from testifying about transactions with a deceased person. Exceptions include if the decedents representative is a party to the action or if the representative testifies about the transaction. If the representative is not a party, parties are still generally prevented from testifying. Courts may rely on physical evidence, witness testimonies, documentation, and circumstantial evidence to determine ownership. Consult a local attorney for specific guidance.Full Conversation
Tennessee
In Tennessee, the Dead Man's Statute generally prevents parties from testifying about transactions with a deceased person. However, there are exceptions:
- If the decedent's representative is a party to the action
- If the representative testifies about the transaction
Remember to consult with a legal professional for advice tailored to your situation.
What if decedents representative is not a party to the action
In Tennessee, if the decedent's representative is not a party to the action, generally, parties are still prevented from testifying about transactions under the Dead Man's Statute. However, exceptions may apply; consult a local attorney for specific guidance.
How would court determine ownership if neither party can testify to transaction with decedent
In Tennessee, if neither party can testify, the court may rely on:
- Physical evidence
- Witness testimonies
- Documentation
- Circumstantial evidence
Remember, specific situations can vary and it's best to consult with a local attorney.