This Subpoena Guide covers generally applicable statewide rules of practice regarding subpoenas in Tennessee trial courts. Local jurisdictions often have their own rules and procedures developed by judges and clerks that are not reduced to writing, and are subject to change at any time, especially regarding subpoenas to foreign witnesses and subpoenas for use in foreign actions. Therefore, it is always recommended that you consult the clerk's office for the court under whose authority the subpoena will be issued.
Plaintiff Must Wait 30 Days
Depositions may be taken by the defendant at any time after commencement of the action and by the plaintiff once 30 days have passed since commencement of the action. The plaintiff need not wait 30 days to notice or subpoena a deposition if the defendant has already done so or if the plaintiff is using rule authorized procedures to take an early deposition. TN RCP 30.01 (amended eff 7/1/79).
A person served with a subpoena for deposition, trial testimony or production can file a motion to quash or modify promptly and in all cases before the specified time for compliance. TN RCP 45.07 (amended eff 7/1/11).
Subpoenas may be issued, signed but otherwise in blank, by the clerk of court, and delivered to any party requesting the subpoena for completion and service. TN RCP 45.01 (amended eff 7/1/12); TN RCP 45.04 (amended eff 7/1/99); TN RCP 45.05 (amended eff 7/1/95).
A subpoena may be used to command appearance and testimony by deposition, command appearance and testimony at trial or hearing or command production or permitted inspection and copying of designated books, documents or tangible things in the possession, custody or control of the subpoenaed person. TN RCP 45.01 (amended eff 7/1/12); TN RCP 45.02 (amended eff 7/1/10).
Subpoenas that seek production or inspection of documents or things, whether in conjunction with a deposition or without appearance, are subject to the Tennessee rules pertaining to the permissible scope of discovery generally. TN RCP 45.04 (amended eff 7/1/95).
State residents may only be subpoenaed to give a deposition in the county where they live, are employed or regularly conduct business, or at another convenient place ordered by the court. TN RCP 45.04 (amended eff 7/1/99).
All material produced in response to a subpoena for production or inspection must be made available for inspection and copying to all other parties in the case. TN RCP 45.02 (amended eff 7/1/10).
On timely motion, the court can quash, modify or place reasonable conditions on a subpoena if it is unreasonable or oppressive. TN RCP 45.07 (amended eff 7/1/11).
Disobedience of a properly served subpoena may constitute contempt of the court. TN RCP 45.06.
Submit Foreign Subpoena, Clerk to Issue Subpoena for Service in Tennessee
A party may submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted. When a party submits a foreign subpoena to a clerk of court in this state, the clerk must promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. TN Code 24-9-203 (amended eff 7/1/08).
Required Contents of Subpoena
Subpoenas must state the name of court and the title of the action and command one or more of the following actions:
Attendance and testimony at a specified time and place. TN RCP 45.01.
Production or permission to inspect and copy designated books, documents or tangible things, or to inspect premises, with or without appearance at the place of production or inspection. When appearance is not required, such a subpoena must also require the person to whom it is directed to swear or affirm that the books, papers, documents, or tangible things are authentic to the best of that person's knowledge, information, and belief and to state whether or not all books, papers, documents, or tangible things responsive to the subpoena have been produced for copying or inspection. TN RCP 45.02.
Tennessee civil fee schedules are published at the local level. Check with the clerk of the court where your case is pending to determine the current subpoena issuance fee.
Unless the subpoena is at issue in a discovery dispute or contempt proceeding, subpoenas customarily are not filed with the court.
Method of Service
A subpoena can be served by anyone authorized to serve process, or the subpoenaed person may acknowledge service in writing on the subpoena document. Service must be made by personally delivering a copy to the subpoenaed person. TN RCP 45.03.
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