Evidence and Witnesses

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  1. In all submission cases, depositions may be taken to be used before the arbitrators, and witnesses may be summoned by subpoena, to be issued by the clerk of the court as in other cases.
  2. These witnesses may be sworn by any arbitrator, or umpire, and, if guilty of false swearing, they are liable to all the penalties of perjury, as if sworn in court.
  3. Witnesses are also subject to all the penalties prescribed by law, for failing to attend and give testimony, in pursuance of the subpoena, as well as in damages to the party injured by their default; and, on the other hand, they are entitled to like privileges and like compensation as other witnesses. The forfeiture shall be enforced as provided in § 24-2-103.

Code 1858, §§ 3443-3445 (deriv. Acts 1806, ch. 46, §§ 1, 2; 1851-1852, ch. 173, § 4); Shan., §§ 5199-5201; mod. Code 1932, §§ 9372-9374; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-509.

Cross-References. Perjury, title 39, ch. 16, part 7.

Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Libel and Slander, § 6.


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