Tennessee Injury Law Center

 I have a trial in two weeks in Nashville.  What should I wear to court?  It is a jury trial.

That always depends on the type of case being heard by the jury.  We generally advise our clients tost to dress in such a way to show respect for the court. This usually means a suit or coat and tie.  For women, a conservative dress or skirt and blouse is appropriate.  Shoes should be clean, polished and conservative.

In some Tennessee counties it is appropriate to wear slacks or pants and a clean, pressed shirt. Jeans, shorts, tank tops, t-shirts and sandals should never be worn to court.  Also, you should not wear any clothes that would be considered "flashy."

Am I permitted to talk to the jury during my trial?

No.  You should avoid talking with the jury at any other time, even if you meet a member of the jury in the hallway or restroom.  No one can speak directly with the jury except the judge;s court officer.

Of course, the jury will hear you testify.  But you should avoid any other contact with the jury whatsoever.  The jury will be told by the judge that they cannot talk with any lawyer or witness in the case, and therefore the jury will not hold it against you if you follow the judge’s instructions.

I have a trial that starts in two weeks.  Will I be able to eat and drink in the courtroom?

No.  You will be able to have water when you testify on the witness stand, but otherwise eating and drinking are not permitted in the courtroom when court is in session.  There is usually a morning, lunch and afternoon break, so it is highly unlikely that you will go more than 2 hours without the opportunity to eat, get a drink, or use the restroom.

I have a personal injury case going to trial.  My lawyer says that my medical doctor cannot be forced to come to a trial and that we have to introduce her testimony via a deposition.  I think she will make a good witness and I want her there.  Can’t we just issue a subpoena and force her to come to trial?

Under Tennessee law, you can issue a subpoena for a doctor but she has to invoke a special law that gives doctors an exemption from subpoena to court.   The judge has the power to say that the law giving the exemption should not apply in your case, but that is very unlikely based on the facts that you have stated.

One way to enhance the doctor’s deposition is to take it via video.   The video is then shown to the jury and they will have an easier way to judge the doctor’s credibility.

How many cases does the Tennessee Supreme Court hear per year?

Here is the data for the fiscal year ending June 20, 2009, the last year available as of the date of this writing.

First, the Tennessee Supreme Court has to decide only certain types of cases.  It was  asked to hear about 825 cases during the fiscal year.  It decided to hear about 56 cases.   Trying to decide what cases should be reviewed takes a lot of work.  Each judge must review the written papers filed in support of the request for hearing (and the papers of the opponent which argue that the case should not be heard) to decide whether the case should advance to the Court.  At least 2 of the 5 judges must agree that the case should be heard.