The testimony of an examining professional may be made by deposition or affidavit only with the consent of the transferee's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the transferee's counsel has consented, and the transferee's right of cross-examination of the examining professional shall be preserved. If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as an examining professional under the commitment statute may testify instead of an examining professional, if the person has examined the transferee within ten (10) days of the hearing.
Structure 2021 Tennessee Code
Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities
Chapter 3 - General Rules Applicable to Service Recipients
Part 7 - Judicial Procedures for Review of Transfers
§ 33-3-701. Commencement of Proceedings
§ 33-3-702. Notice of Complaint and Hearing
§ 33-3-703. When Hearings Held — Continuances
§ 33-3-704. Transferee's Attorney
§ 33-3-706. Place of Hearings — Exclusion of Public
§ 33-3-709. Testimony of Examining Professionals — Depositions and Affidavits