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Hierarchy of Evidence — 2 Comments

  1. Has the Brown’s Hierarchyy of Evidence been adopted as law in Tennessee? If not, what part does it play in courts of law in Tennessee?

    Secondly, are there situations when lower class within the Hierarchy may supercede a higher classification of evidence?

    Lastly, is there other guidance in Tennessee which may differ from Brown’s Hierarchy?

    • As far as I know, there are no specific laws regarding the hierarchy of evidence beyond case law in Tennessee. Brown’s has just sort of became the status quo.

      As for superseding, I would say that every case is different and every judge is different. I can argue that my non-recorded survey should take precedence over some random tree in the woods, but the judge may rule that no one can see my plat, whereas that hacked tree is standing in plain view for all the world to see and therefore is more important.

      To the question of guidance, I cannot say. As I have said earlier, Brown’s is sort of the Bible when it comes to this, primarily as he was the one to write it down – so to speak. If you are looking for a means to promote one piece of evidence over another, you will just need to present your case and provide strong argumentation that the judge can hang her hat on. It will all come down to what they can justify.

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