Advisory Commission Comments to Rules 43.01-43.04

Advisory Commission Comments

Advisory Commission Comment [1991]

The first section [43.01] is amended to cross-reference the Tennessee Rules of Evidence. The second section [43.02] was formerly numbered 43.05. Original 43.06 on compensating interpreters is moved to Rule 54.04(3). All other sections in the original rule are deleted because inconsistent with or superfluous in light of the Tennessee Rules of Evidence.

Advisory Commission Comment [2002]

The amendment permits testimony of a witness outside the courtroom to be transmitted by contemporaneous audio-visual means to the trier of fact. Note that three conditions must be satisfied: good cause, compelling circumstances, and adequate safeguards.

Advisory Commission Comment [2003]

The new procedure in Rule 43.03 is designed to assist jurors in understanding conflicting expert testimony by providing judges and lawyers with considerable flexibility in the scheduling and mode of that testimony. On rare occasions, it may be helpful if expert testimony on the same subject be given in the same block of time rather than separated by days or weeks and given during each party’s proof process. For example, in a tort case where both sides will present expert testimony on causation, jurors may benefit if the plaintiff’s causation experts testify, followed immediately by the defendant’s causation experts. This procedure may give the jurors a better way of resolving the issue of causation. Because of the tactical, financial, scheduling, and procedural issues raised by this new procedure, it can only be utilized with the consent of the court and all parties.

Advisory Commission Comment [2004]

New Rule 43.04 limits a trial court’s consideration on motion rulings, particularly motion for summary judgment rulings, to certain designated materials. The amendment complements existing Rule 56.04.

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