Privilege Against Process

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During the attendance of any person summoned as a witness, and during the time that such person is going to and returning from the place of such attendance, allowing one (1) day for every thirty (30) miles of travel, no writ, process, warrant, order, judgment, or decree in any civil cause, subpoena to testify as a witness only excepted, shall be served upon such person.

Code 1858, § 3828 (deriv. Acts 1794, ch. 1, § 34); Shan., § 5616; Code 1932, § 9798; T.C.A. (orig. ed.), § 24-213; T.C.A., §24-2-106.

Compiler's Notes. Former §24-2-105, concerning scire facias by general sessions judge, was transferred to §24-2-104 in 2000.

Cross-References. Exemption of jurors, §22-1-103.

Garnishee as witness, §§26-2-204,26-2-205.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Abatement, Survival and Revival, § 13; 21 Tenn. Juris., Process, § 3; 25 Tenn. Juris., Witnesses, § 52.

Law Reviews.

Pleadings, Motions and Pre-Trial Procedure, 4 Mem. St. U.L. Rev. 219.

Procedure — Personal Jurisdiction, 35 Tenn. L. Rev. 560.

Recent Developments in Tennessee and Federal Procedure (Donald F. Paine), 36 Tenn. L. Rev. 276.


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