Subscribing Witnesses' Testimony

Article IX. Authentication Rules of Evidence The testimony of a subscribing witness is not necessary to authenticate a writing unless required by statute. [As amended by ordered filed December 14, 2009, effective July 1, 2010..] Advisory Commission Comments. In will contests, T.C.A. § 32-4-105 requires calling subscribing witnesses to a will. Advisory Commission Comment [2010]. The title of the rule is changed to reflect reality. A Tennessee statute does not necessitate testimony of all living witnesses in a will contest "if to be found." T.C.A. § 32-4-105. Rule Name Rule 903: Subscribing Witnesses' Testimony.