Tennessee Code Annotated
Tenn. Code Ann. § 40-35-208 (2026)
Filing of report - Availability to parties
✓ current as of May 2026
The presentence report shall be filed with the clerk of the court and complete copies shall be made available to the parties within ten (10) days prior to the sentencing hearing, which may be waived by the consent of all parties and the court.
Acts 1989, ch. 591, § 6.
Notes of Decisions
Cited in 11
cases, 1986–2020 · leading case: State v. Parker, 992 A.2d 1103 (Conn. 2010).
State v. Parker, 992 A.2d 1103 (Conn. 2010). “03 (1) (West 2009); Tenn. Code Ann. § 40-35-208 (2006); or that a copy be made “available to the defendant through the defendant’s counsel.”
State v. Albers, 758 N.W.2d 411 (Neb. Ct. App. 2008). “Codified Laws § 23A-27-7 (2004); Tenn. Code Ann. § 40-35-208 (2006); Tex. Code Crim.”
State v. Pugh, 713 S.W.2d 682 (Tenn. Crim. App. 1986). “TCA § 40-35-208. At the sentencing hearing the rules of evidence shall apply, except *684 that “reliable hearsay” may be admitted “provided that the opposing party is afforded a fair opportunity to rebut any hearsay evidence so admitted.”
Dillingham v. State (Tenn. Crim. App. 1997). “Furthermore, he argues that the trial judge violated Tenn. Code Ann. § 40-35-208 , which mandates the sentencing hearing to be scheduled at least [ten] days after the parties receive the presentence report.”
State of Tennessee v. Beverly Dixon (Tenn. Crim. App. 2005). “” Tenn. Code Ann. § 40-35-208 (2003). That section “mandates the availability of the pre-sentence report to the defendant and the trial judge has inherent power to address any complaint regarding noncompliance.”
State of Tennessee v. Tairon Slappey (Tenn. Crim. App. 2019). “Tennessee Code Annotated section 40-35-208 states that “[t]he presentence report shall be made available ten days prior to the sentencing hearing, which may be waived by the consent of all parties and the court.”
State of Tennessee v. Ashley Wright (Tenn. Crim. App. 2020). “See T.C.A. § 40-35-208 (the time period for filing victim impact statements is subject to waiver); State v.”
Terry D. Brewer v. State of Tennessee (Tenn. Crim. App. 2006). “” T.C.A. § 40-35-208 (1982). The code also mandated that “[t]he court, upon the request of either party and with good cause shown, shall continue the sentencing hearing for at least five (5) days, but not more than thirty (30) days, after the filing of the pre-sentence report .”
State of Tennessee v. Vernon Lamar Bryant (Tenn. Crim. App. 2003). “Tennessee Code Annotated section 40-35-208 (1982) mandates the availability of the pre-sentence report to the defendant and the trial judge has inherent power to address any complaint regarding noncompliance.”
State of Tennessee v. Vernon Lamar Bryant (Tenn. Crim. App. 2003). “Tennessee Code Annotated section 40-35-208 (1982) mandates the availability of the pre-sentence report to the defendant and the trial judge has inherent power to address any complaint regarding noncompliance.”
State of Tennessee v. Floyd Earl Rayner, III (Tenn. Crim. App. 2002). “§ 40-35-208 (1997). To determine the appropriate sentence, the trial court is required to consider several sources of information, including the presentence report.”
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