Tennessee Burden of Proof - Physical Evidence Not Produced

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US-00876
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Sample Jury Instruction - This sample jury instruction directs the jury that the burden of proof is on the state to prove the Defendant's guilt.

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FAQ

Rule 401: Definition of "relevant evidence." Rule 402: Relevant evidence generally admissible; irrelevant evidence inadmissible. Rule 403: Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. Rule 404: Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes.

If the party who called the witness disobeys an order to deliver a statement, the court shall strike the witness's testimony from the record and order the trial to proceed. If the attorney for the state disobeys the order, the court shall declare a mistrial if required in the interest of justice.

Tennessee Rule of Evidence 404(b) Other Crimes, Wrongs, or Acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity with the character trait. It may, however, be admissible for other purposes.

If a request, response, or objection is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response or objection and a party shall not be obligated to take any action with respect to it until it is signed.

(1) A party is under a duty seasonably to supplement the party's response with respect to any question directly addressed to (A) the identity and location of persons having knowledge of discoverable matters; and (B) the identity of each person expected to be called as an expert witness at trial, the subject matter on ...

The standard of proof in a criminal trial is "beyond a reasonable doubt," which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

The amendment to Rule 26.02(5) provides a procedure for a party that has withheld information on the basis of privilege or protection as trial-preparation material to make the claim so that the requesting party can decide whether to contest the claim and the court can resolve the dispute.

If the court grants the motion for involuntary dismissal, the court shall find the facts specially and shall state separately its conclusion of law and direct the entry of the appropriate judgment.

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Tennessee Burden of Proof - Physical Evidence Not Produced