Tennessee § 40-12-104 - Application to testify by person having knowledge of commission of offense.
Full text of Tennessee Tennessee Code Annotated § 40-12-104 — Application to testify by person having knowledge of commission of offense., with citation guidance and answers to common questions.
§ 40-12-104. Application to testify by person having knowledge of commission of offense.
Any person having knowledge or proof of the commission of a public offense triable or indictable in the county may testify before the grand jury. The person having knowledge or proof shall appear before the foreman. The person may also submit the sworn affidavits of others whose testimony the person wishes to have considered. The person shall designate two (2) grand jurors who shall, with the foreman, comprise a panel to determine whether the knowledge warrants investigation by the grand jury. The panel may consult the district attorney general or the court for guidance in making its determination. The majority decision of the panel shall be final and shall be promptly communicated to the person along with reasons for the action taken. Submission of an affidavit which the person knows to be false in any material regard shall be punishable as perjury. An affiant who permits submission of a false affidavit, knowing it to be false in any material regard, is guilty of perjury. Any person subsequently testifying before the grand jury as to any material fact known by the person to be false is guilty of perjury. Acts 1978, ch. 727, § 1; modified; T.C.A., § 40-1626; Acts 1995, ch. 213, §§ 1-4. Cross-References. Perjury, title 39, ch. 16, part 7. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 9.23.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-12-104
What does Tennessee Code Annotated § 40-12-104 cover?
Section 40-12-104 ("Application to testify by person having knowledge of commission of offense.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 40-12-104?
A common citation format is "Tennessee Code Annotated § 40-12-104" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 40-12-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.