Victim’s inability to attend judicial proceedings – Affidavit – Out-of-court deposition

(a) An elderly or vulnerable adult victim’s inability to attend judicial proceedings due to illness, or other mental or physical disability, shall be considered exceptional circumstances upon the state‘s motion to preserve testimony pursuant to Rule 15 of the Tennessee Rules of Criminal Procedure. The state may request the motion in any court, juvenile, general sessions, criminal, or circuit, having jurisdiction over the accused and may initiate the motion at any stage of the proceedings after the accused’s initial appearance. (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Testimony: Evidence presented orally by witnesses during trials or before grand juries.Vulnerable adult: means a person eighteen (18) years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person's own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others. See Tennessee Code 39-15-501(b) The court shall consider an affidavit executed by the elderly or vulnerable adult’s treating physician stating that the elderly or vulnerable adult is unable to attend court due to illness or other mental or physical disability as prima facie evidence of the need to preserve witness testimony by the taking of the adult’s out-of-court deposition. (c) The court shall order the defendant‘s attendance to the out-of-court deposition. The defendant may waive the defendant’s attendance in writing.