TCA 40-6-203
Examination of affiant
FELONYFelony
What does this charge mean?
When someone tells a magistrate that a crime has been committed, the magistrate must question that person under oath and write down their statement, which the person must sign. This questioning can happen in person or through video conference where both people can see and hear each other, and the magistrate can accept a faxed copy of the complaint form if it matches the original.
Penalty Details
ClassificationFelony
Penalty SummaryFelony
(a) Upon information made to any magistrate of the commission of a public offense, the magistrate shall examine, on oath, the affiant or affiants, reduce the examination to writing, and cause the examination to be signed by the person making it. Ask a legal question, get an answer ASAP!(b) (1) The examination of the affiant or affiants by the magistrate or lawfully authorized court clerk does not have to take place in a face-to-face meeting of the parties but may be conducted through the use of electronic audio-visual equipment which allows the affiant and the examining official to both view and hear each other simultaneously. (2) Prior to the examination, an affiant shall prepare an affidavit of complaint in conformance with § 40-6-204 and Rule 3 of the Tennessee Rules of Criminal Procedure and shall electronically transmit a facsimile copy of that affidavit to the examining official. After the receipt of a legible facsimile copy of the affidavit of complaint, the examining official shall proceed with the examination upon taking the oath of the affiant. Upon the determination by the examining official that the transmitted facsimile copy is a true copy of the affidavit of complaint of an affiant, the copy shall have the same legal effect as the original affidavit of complaint executed by an affiant.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
FELONY
TCA Section40-6-203