Tennessee Mock Trial Rules

Key Differences from Federal Rules of Evidence

• Tennessee Rule 702 uses the McDaniel v. CSX factors for expert reliability rather than adopting Daubert wholesale
• Tennessee Rule 803(26) provides a unique hearsay exception for statements of a child under 13 regarding sexual or physical abuse
• Tennessee retains broader spousal privilege protections under Rule 501 than the FRE provides

Notable Rules

Key Features

• Tennessee Circuit Courts are the trial courts of general jurisdiction; Chancery Courts handle equity matters
• Tennessee allows civil juries of fewer than 12 by agreement of the parties under Tenn. R. Civ. P. 48
• Tennessee uses a comparative fault system (modified) where plaintiff recovers nothing if 50% or more at fault

• Civil juries default to 12 but parties may stipulate to fewer (commonly 8)
• Criminal felony juries require 12 unanimous jurors
• Civil verdicts require unanimity unless parties agree to a majority verdict