Rule 3.5 – Criminal Citation

by | May 14, 2021 | Criminal Procedure, Tennessee

(a) Use of Citations. The use of citations in misdemeanor arrests is as provided by law.(b) Reference to Citations. All references in these rules to citations mean citations issued pursuant to law.Tenn. R. Crim. P. 3.5Advisory Commission Comment.Use of the criminal...

Rule 3 – The Affidavit of Complaint

by | May 14, 2021 | Criminal Procedure, Tennessee

The affidavit of complaint is a statement alleging that a person has committed an offense. It must:(a) be in writing;(b) be made on oath before a magistrate or a neutral and detached court clerk authorized by Rule 4 to make a probable cause determination; and(c)...

Rule 2 – Purpose and Construction

by | May 14, 2021 | Criminal Procedure, Tennessee

These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure:(a) simplicity in procedure;(b) fairness in administration; and(c) the elimination of: (1) unjustifiable expense and delay; and(2)...

Rule 1 – Scope and Definitions

by | May 14, 2021 | Criminal Procedure, Tennessee

(a) Courts of Record. These rules govern the procedure in all criminal proceedings conducted in all Tennessee courts of record.(b) General Sessions Court. These rules govern the procedure in the general sessions courts in the following instances:(1) the institution of...