40-17-120 - Prior statements of witnesses Requiring production. - Tennessee Statutes

40-17-120. Prior statements of witnesses Requiring production.

(a)  After a witness called by either the state or the defendant in a criminal case has testified on direct examination, the court shall, on motion, order the state or the defense to produce any statement of the witness in the state's or the defense's possession which relates to the subject matter as to which the witness has testified. Upon request by the state or the defense made upon calling a witness and in advance of direct testimony, the court shall first inspect the statement in camera to determine if it contains matter relating to the subject matter of the testimony. The court shall excise those portions which do not relate to the subject matter of the testimony; however, in the event of conviction and appeal, on motion by either party, the entire statement shall be made available to the reviewing courts. If the party calling a witness elects not to comply with this subsection (a), the court shall have the witness withdraw and shall not allow any direct testimony.

(b)  “Statement,” as used in this section, means:

     (1)  A written statement made by a witness and signed, or otherwise adopted or approved by the witness; or

     (2)  A stenographic, mechanical, electrical or other recording of a statement, or a transcript or summary of the statement, which is an essentially verbatim recital of an oral statement made by the witness.

[Acts 1976, ch. 628, §§ 1, 2; 1978, ch. 711, § 1; T.C.A. § 40-2446.]