Serving Subpoenas in Tennessee: Trial, Deposition and Records

What types of subpoenas are used in Tennessee courts?

A subpoena is a court command directed at someone, often a person who is not a party, to appear and testify, to produce documents or things, or both. In Tennessee civil cases the governing rule is Tenn. R. Civ. P. 45. In General Sessions, Tenn. Code Ann. § 16-15-901 generally allows subpoenas to be served by any non-party adult the party or attorney designates.

Lawyers often use Latin labels. A subpoena ad testificandum compels testimony. A subpoena duces tecum compels production of documents or things. A single subpoena can do both, for example by requiring a records custodian to appear at a deposition and bring specified records.

Who issues a subpoena in Tennessee?

Under Rule 45.01, the clerk of the court where the case is pending issues subpoenas. The rule generally lets the clerk give a requesting party a subpoena signed but otherwise in blank, which the party fills in before service. Each subpoena must state the name of the court and the title of the action and command the person to attend and testify, or to produce, at a stated time and place.

Local practice varies. Some clerks issue subpoenas through e-filing portals, others at the counter, and some require a separate praecipe or request form. Check the clerk's current procedure before the deadline gets close, since a subpoena that has not been issued cannot be served.

Who can serve a subpoena in Tennessee?

Rule 45.03 generally provides that a subpoena may be served by any person authorized to serve process. Under Rule 4.01, that includes any person who is at least 18 years old and is not a party to the case. Tennessee has no statewide process server license, so a private process server, a sheriff's deputy or another qualified adult can serve.

Service is made by delivering a copy to the person named, or offering to deliver it. Rule 45.03 also allows the witness to acknowledge service in writing on the subpoena, which is common with cooperative professionals who prefer to accept by agreement.

Because a party cannot serve the subpoena personally, self-represented litigants usually need a friend, the sheriff or a process server to make delivery. If you are unsure whether someone connected to the case qualifies, choose a neutral server rather than risk a challenge.

How far in advance should a Tennessee subpoena be served?

For non-party deposition subpoenas and document subpoenas, Rule 45.07 generally gives the person at least 21 days after service to respond, unless the witness agrees otherwise or the court orders a different schedule. Written objections are generally due within 21 days after service. Rule 45.04 requires deposition and document subpoenas to carry a prominent bold-faced warning that failing to serve objections within 21 days waives them, except the right to seek reasonable costs of production.

That 21-day period is the practical floor for scheduling. Count backward from the deposition or production date, add time for the clerk to issue the subpoena, then add time for attempts if the witness may be hard to reach. A deposition set for a date inside the window invites an objection or a rescheduling request.

Trial subpoenas do not carry the same 21-day framework, but last-minute service creates risk. A witness served the night before may have a legitimate conflict, and the court may be reluctant to enforce a subpoena that gave little notice. Serve trial subpoenas as early as your witness list allows.

1. Confirm the hearing, deposition or production date.
2. Request issuance from the clerk and complete the subpoena accurately.
3. Serve copies of any document or inspection subpoena on all parties under Rule 5.
4. Serve the witness at least 21 days ahead for non-party deposition or records subpoenas.
5. Calendar the 21-day objection deadline and follow up with the witness.
6. File or retain the proof of service according to the court's practice.

Serving a records custodian with a subpoena duces tecum

Businesses, medical providers and agencies often receive subpoenas addressed to the custodian of records. The subpoena should describe the records with reasonable particularity, state the date range, and say whether personal appearance is required or production by mail or electronic delivery is acceptable.

When personal appearance is not required, Rule 45.02 generally requires the subpoena to direct the person producing records to swear or affirm that the materials are authentic to the best of their knowledge and to state whether all responsive items have been produced. Materials produced must generally be made available to all parties.

Medical and other protected records carry extra requirements under state and federal privacy law, and many providers have their own release procedures. Counsel should confirm what authorization, notice or court order applies before the custodian is served. A process server delivers the subpoena; deciding what may lawfully be requested is a legal question.

Where can a Tennessee witness be required to appear?

A trial or hearing subpoena may generally be served at any place within Tennessee under Rule 45.05. For depositions, Rule 45.04 generally provides that a Tennessee resident can be required to attend only in the county where the person resides, is employed, or transacts business in person, or at another convenient place the court sets by order.

Tenn. Code Ann. § 24-9-101 generally exempts certain people from being compelled to attend trial by subpoena, though they can be required to give a deposition. The list includes officers of the United States and of Tennessee, practicing physicians, dentists, psychologists, chiropractors, attorneys and several other professions, and certain records custodians who follow the statutory procedure. If a court quashes a subpoena under that section, it may award the witness reasonable attorney's fees and expenses, so check the list before subpoenaing a professional to trial.

Subpoenas for out-of-state cases and federal court

When discovery is needed in Tennessee for a case pending in another state, Tennessee's Uniform Interstate Depositions and Discovery Act generally applies. Under Tenn. Code Ann. § 24-9-203, a party submits the foreign subpoena to a clerk in the Tennessee county where discovery is sought, and the clerk issues a Tennessee subpoena incorporating its terms along with contact information for counsel of record. Submitting the subpoena is not an appearance in Tennessee courts.

Federal subpoenas in the Eastern, Middle and Western Districts of Tennessee follow Fed. R. Civ. P. 45. Among the differences: a document subpoena requires notice and a copy to each party before it is served on the recipient, a subpoena requiring attendance must be accompanied by a tender of one day's attendance fee and mileage, compliance is generally limited to within 100 miles of where the person resides, works or regularly transacts business, and written objections are generally due before the earlier of the compliance date or 14 days after service.

What should the proof of service for a subpoena include?

If a witness fails to appear, the party seeking enforcement will need to show that the subpoena was actually served. Rule 45.06 addresses contempt for failure to obey a subpoena without adequate excuse, and a court will look at the proof of service before acting on it.

Delator Field Services records every serve on body camera from approach through handoff and keeps an attempt log with GPS time stamps. The affidavit of service, signed by the serving agent and cross-referenced to the footage, typically records the following.

• Witness name, or the entity and the custodian or agent served.
• Date, time and address of delivery.
• Manner of service, including whether the copy was delivered or offered and refused.
• Description of the documents served, including any attachments or schedules.
• Server's name, address and signature.
• Any fee or mileage tender, when the court's rules require one.

What happens when a subpoenaed witness does not comply?

For a non-party who timely objects to a deposition or records subpoena, Rule 45.07 generally shifts the next step to the party who issued it: that party may move the court to compel compliance, and the witness need not comply pending the court's order. Objections not served within 21 days are generally waived, except the right to seek reasonable production costs.

For a trial witness who simply fails to appear, Rule 45.06 generally allows the court to address failure to obey a subpoena without adequate excuse through contempt. The court will want to see the proof of service before acting, which is why the return and supporting records matter as much as the delivery itself.

Getting a subpoena served in Tennessee

DFS serves trial, hearing and deposition subpoenas, including records subpoenas on custodians, in all 95 Tennessee counties. A written quote showing county, tier and price is confirmed before the first attempt, and the Urgent, Rush and Same Day Rush tiers exist for subpoenas with tight calendars. Any request for service within 24 hours is billed as Same Day Rush.

This guide is general information, not legal advice, and DFS does not provide legal advice. Subpoena practice depends on the court, the type of case and the records involved, and the rules are amended from time to time. Confirm the current rule text and consult counsel on what a subpoena may require.