Tennessee Code Annotated
Tenn. Code Ann. § 40-12-104 (2026)
Application to testify by person having knowledge of commission of offense
✓ current as of May 2026
- (a) Any person having knowledge or proof of the commission of a public offense triable or indictable in the county may testify before the grand jury.
- (b) The person having knowledge or proof shall appear before the foreman. The person may also submit the sworn affidavits of others whose testimony the person wishes to have considered.
- (c) The person shall designate two (2) grand jurors who shall, with the foreman, comprise a panel to determine whether the knowledge warrants investigation by the grand jury. The panel may consult the district attorney general or the court for guidance in making its determination. The majority decision of the panel shall be final and shall be promptly communicated to the person along with reasons for the action taken.
- (d) Submission of an affidavit which the person knows to be false in any material regard shall be punishable as perjury. An affiant who permits submission of a false affidavit, knowing it to be false in any material regard, is guilty of perjury. Any person subsequently testifying before the grand jury as to any material fact known by the person to be false is guilty of perjury.
Acts 1978, ch. 727, § 1; modified; T.C.A., § 40-1626; Acts 1995, ch. 213, §§ 1-4.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1986–2024 · leading case: Quillen v. Crockett, 928 S.W.2d 47 (Tenn. Crim. App. 1995).
Quillen v. Crockett, 928 S.W.2d 47 (Tenn. Crim. App. 1995). “Appellant applied to the Rutherford County Grand Jury pursuant to the provisions of Tenn.Code Ann. § 40-12-104 (1990) to testify concerning the perjury allegations.”
Gann v. Whitley, 770 S.W.2d 557 (Tenn. Crim. App. 1989). “The foreman of the grand jury created a panel consisting of himself and two other grand jurors pursuant to T.C.A. § 40-12-104 for the purpose of determining whether the appellants and their witnesses should be permitted to testify before the full grand jury.”
Friends of George's, Inc. v. Steven Mulroy, 108 F.4th 431 (6th Cir. 2024). “” Tenn. Code Ann. § 40-12-104 (a). As mentioned above, Mulroy is required to “prosecute .”
State ex rel. Anderson v. Fulton, 712 S.W.2d 90 (Tenn. 1986). “” While that may be true, guilt of a criminal offense must be proved beyond a reasonable doubt. Mere inferences will not suffice.”
Howard Hawk Willis v. Grand Jury Foreperson Beverly Johnson (2018). “Willis] of his right to present evidence to a Bradley County grand jury—a right allegedly secured to him by Tenn. Code Ann. § 40-12-104 (a) and (b).” Id.”
State of Tennessee v. Walter Francis Fitzpatrick, III (Tenn. Crim. App. 2015). “Although Tennessee Code Annotated section 40-12-104 requires the panel to be composed of the grand jury foreperson and two grand jury members chosen by the individual petitioning the grand jury, Cunningham stated that he usually asked for volunteers to sit on the panel to…”
Michael Joseph Grant v. Foreperson For The Bradley (Tenn. Ct. App. 2010). “Grant relies upon Tenn. Code Ann. §40-12-104 (a), which provides that “[a]ny person having knowledge or proof of the commission of a public offense triable or indictable in the county may testify before the grand jury.”
Stevie W. Caldwell v. Virginia Lewis, Warden (Tenn. Crim. App. 2005). “The petitioner cites no authority for the assertion that a state investigator cannot also be a witness before the grand jury, and we note that Tennessee Code Annotated section 40-12-104(a) provides that “[a]ny person having knowledge or proof of the commission of a public…”
— Tenn. Code Ann. § 40-12-104(a) — 1 case
Stevie W. Caldwell v. Virginia Lewis, Warden (Tenn. Crim. App. 2005). “The petitioner cites no authority for the assertion that a state investigator cannot also be a witness before the grand jury, and we note that Tennessee Code Annotated section 40-12-104(a) provides that “[a]ny person having knowledge or proof of the commission of a public…”
— Tenn. Code Ann. § 40-12-104(c) — 1 case
Gann v. Whitley, 770 S.W.2d 557 (Tenn. Crim. App. 1989). “The foreman of the grand jury created a panel consisting of himself and two other grand jurors pursuant to T.C.A. § 40-12-104 for the purpose of determining whether the appellants and their witnesses should be permitted to testify before the full grand jury.”
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