HOW TO DOMESTICATE A FOREIGN SUBPOENA IN Tennessee

This article will provide guidance on How To Domesticate a Foreign Subpoena in Tennessee.  A foreign subpoena may be served in this state by submitting a copy to the clerk of court in the county where discovery is to be performed. Attendance in court is not required when a subpoena is issued or served as per the UIDDA and Tennessee requirements.

Following the UIDDA and Tennessee rules, the clerk of court must quickly issue a subpoena for service upon the person to whom the international subpoena is addressed, per the rules of court, when a party submits a foreign subpoena to the clerk. A party may submit a foreign subpoena to a clerk of court in the county where UIDDA and Tennessee discovery is requested to be performed. The subpoena will include the phrases used in the foreign subpoena. Invoking and responding to a subpoena issued in this state under the UIDDA and Tennessee shall not be considered a court appearance.

Uniform Interstate Depositions and Discovery Act (UIDDA)-Tennessee

Upon receipt of a foreign subpoena, a clerk of court in this state must, in accordance with the UIDDA and Tennessee rules of court, quickly issue a subpoena for service upon the person to whom the international subpoena is addressed. The language used in the foreign subpoena must be included in the domestic one, and the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates, as well as those of any party not represented by counsel, must be included in the subpoena or attached to it.

Any subpoena issued by the court must include or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the action to which the subpoena pertains, as well as those of any party not represented by counsel. Subpoenas to be served in a foreign state are controlled by the UIDDA and Tennessee, and this paperwork is only needed when the attendance or production is happening in a district other than the district in which the matter is proceeding.

Even if the deposition or production is scheduled to take place in a different district, a subpoena must be issued by the court in the district where the UIDDA and Tennessee action is ongoing. Therefore, a subpoena for a deposition in another state related to a lawsuit proceeding in our court must originate from our court. Subpoenas for document production, depositions, and depositions combined with document production all follow the same UIDDA and Tennessee procedures.

HOW IS A FOREIGN SUBPOENA ISSUED IN TENNESSEE 

A subpoena may be issued by the clerk's office of the issuing district court or by an attorney admitted to practice in that court. The court where performance is due should be served with a move to vacate or amend in the event of a disagreement. As a result, if a matter in another district requires a deposition or document production to take place in our district, the parties may file a motion with the UIDDA and Tennessee court to quash or alter the proceedings. A move to dismiss or amend a subpoena issued by the UIDDA and Tennessee court for performance in another district must be filed in the district court where performance is needed if there is a disagreement about the subpoena (i.e., the compliance court). Any UIDDA and Tennessee document filed not part of an active case or proceeding will incur the general document filing cost.

When warranted, the court that issued the subpoena may take jurisdiction over a related motion filed in the court that is requiring compliance. Representing purposes of filing documents and testifying on a subpoena-related motion transferred to our court from another jurisdiction, the attorney for the nonparty witness is immediately admitted to our court. Therefore, an attorney would be allowed to come before the UIDDA and Tennessee court in this narrow situation without filing a motion for pro hac vice or other admissions.

The Tennessee Rules of Civil Procedure are the fundamental body of legislation regulating subpoena practice in Tennessee. They apply to all civil actions in circuit and chancery courts and all other courts exercising the civil jurisdiction of the circuit and chancery courts. There are other subpoena-related statutes in the Tennessee Code Annotated, such as:

ISSUANCE OF A DISCOVERY SUBPOENA IN TENNESSEE

The recipient of a subpoena for the production of papers and objects is not always required to attend in person at the location of production or inspection, depending on the UIDDA and Tennessee circumstances of the subpoena. 

Only the clerk of court in a civil case in Tennessee may issue subpoenas. All subpoenas issued in Tennessee court proceedings must come from the court itself since the Tennessee Constitution specifies that only the clerk of the court may do so.  UIDDA and Tennessee law mandates that the clerk provide the subpoena recipient with a signed but otherwise blank subpoena.  All subpoenas for documents should include information in large, boldface type.

Service of process for a subpoena issued in a matter proceeding in Tennessee must be made inside the state of Tennessee. In most cases, subpoenas are sent to individuals not involved in the litigation. Although subpoenas are not specifically forbidden, parties should instead employ the discovery techniques outlined when asking for testimony or documents from the other parties involved in a case. There are certain UIDDA and Tennessee circumstances under which a financial institution may be issued with a court subpoena for financial documents.

A subpoena has been served on the customer in the same way as required by UIDDA and Tennessee law for service of a subpoena if the customer is reachable or for service of subsequent filings in a lawsuit to which the customer is a listed party. 

SERVICE OF A SUBPOENA IN TENNESSEE

In Tennessee, a subpoena must be served by personally giving or proposing to deliver a copy to the witness personally. A Counsel follows the service guidelines to avoid the subpoenaed party challenging the subpoena as an "undue burden" for failing to give reasonable notice.

If the person being served evades or tries to elude UIDDA and Tennessee service, a person of sufficient age and discretion who dwells at the person's residence or habitual place of abode may effect service.  A non-party witness in Tennessee must be given at least twenty-one days to file written objections after receiving a deposition subpoena, document subpoena, or combined deposition and document subpoena. To avoid excessively burdening the witness, the issuing party may need to extend the deadline for the non-party witness's response beyond twenty-one days in certain cases. 

Notification in writing to the other parties to the case is required if the subpoena mandates participation in an oral deposition. If the deposition is held in the same county as the lawsuit, the UIDDA and Tennessee notification must be set out at least five days before the deposition. If the deposition is going to be held in another county, at least seven days in advance.

TENNESSEE AND THE UIDDA

A subpoena issued in Tennessee may only be served inside the state. The UIDDA and Tennessee regulations of the state where the subpoena was served apply to its service. Despite the fact that Tennessee has approved the Uniform Interstate Depositions and Discovery Act, it only applies to parties who want to take a deposition or acquire discovery in Tennessee for use in another jurisdiction.

A foreign subpoena may be served as per the UIDDA and Tennessee by submitting a copy to the clerk of court in the county where discovery is to be performed. Attendance in court is not required when a subpoena is issued or served in this state under this section. The clerk of court in this state must, in accordance with the UIDDA and Tennessee rules of court, quickly issue a subpoena for service upon the person to whom the international subpoena is addressed upon receipt of a foreign subpoena from a party. All counsel of record in the action to which the subpoena pertains and any party not represented by counsel must have their names, addresses, and telephone numbers included in or attached to the subpoena.

APPEALING AN OUT-OF-STATE SUBPOENA

The Interstate Discovery Chart provides detailed information on discovery regulations in each US state.  If a witness is subpoenaed to appear in any other Tennessee civil court of record, they are entitled to reimbursement of their travel and lodging expenses for USD 30 per day.

Suppose a witness is subpoenaed from out of state. In that case, they must be compensated for either travel expenses reimbursed at the same rate as those paid to a state employee who uses their car for official state business or expenses incurred by using a public transportation service, not to exceed the standard tourist fee.

A party that disagrees with a discovery ruling may always file a motion for leave to appeal the ruling as an interlocutory matter.  Within thirty days following the entry of the order being appealed, a party may submit a notice of appeal. The deadline for submitting an application for leave to appeal from a final order entered by a trial court is thirty days from the date of entry of the disputed order. If the lower court accepts the UIDDA and Tennessee request, the moving party has ten days to file an appeal with the higher court. 

Tennessee

Uniform Interstate Depositions and Discovery Act Adopted - 2008
Bill Number: SB 2624 Sponsor McNally
TENN. CODE ANN. §§ 24-9-203
Subpoena Form Click Here

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Sources

1. T.C.A. § 24-9-203

2. The following are the subpoena provisions of the Tennessee Rules of Civil Procedure:

1. Titles 4.01 through 4.09, 4A, and 4B of the Tennessee Rules of Civil Procedure (process).
2. Tennessee Rules of Civil Procedure 5.01-5.06, 5A, and 5B (service and filing).
3. Rule of Civil Procedure 30.01, State of Tennessee (timing of depositions).
4. Rule of Civil Procedure 30.02, State of Tennessee (notice).
5. Rule of Civil Procedure 45.01, State of Tennessee (attendance of witnesses; forms; issuance of subpoenas).
6. Rule of Civil Procedure 45.02 of the Tennessean Code of Laws (subpoenas for production of documents and things or inspection of premises).
7. Tennessee Rule of Civil Procedure 45.03 (service).
8. Tennessee Rule of Civil Procedure 45.04 (deposition subpoenas; place of deposition).
9. Rule of Civil Procedure 45.06, State of Tennessee (contempt).
10. Tennessee Rules of Civil Procedure 45.07 (protection of persons subject to subpoena).
11. Tennessee Civil Rule 45.08 (duties in responding to subpoena).

3. Subpoenas for depositions under Tenn. R. Civ. P. 26.02 compel the attendance of non-party witnesses at depositions and, in certain cases, the production of documents related to topics within the scope of the examination (Tenn. R. Civ. P. 45.04).

If the subpoena requires the production of documents, it must also adhere to the discovery rules set out in Tenn. R. Civ. P. 30.02, 37.02, 45.02, and 45.07 (Tenn. R. Civ. P. 45.04(1)).

4. Tenn. R. Civ. P. 45.02

5. Tenn. R. Civ. P. 45.01, 45.04, and 45.05; 

6. All objections to this subpoena, excluding the right to seek the fair expense of supplying books, papers, documents, electronically stored information, or physical items, must be served within twenty-one days of the date of service of this subpoena or be forever waived.

7. Tenn. R. Civ. P. 45.04(1) and 45.05. 

8. In Tenn. R. Civ. P. 26–37

9. Tenn. R. Civ. P. 45.03

10. Under Tenn. R. Civ. P. 4.04

11. Tenn. R. Civ. P. 45.07(1)). The standards for serving subpoenas under Tenn. R. Civ. P. 45.03 appear more relaxed than those under Tenn. R. Civ. P. 4.

A subpoena was issued under Tenn. R. Civ. P. 4.04 may be served on any person who is not an unmarried baby or incompetent.

12. According to Tenn. R. Civ. P. 5, any materials created must be made accessible to all parties for any of the following, and entire copies of document subpoenas must be served on all parties.

13. T.C.A. 24-9-201 to 24-9-207

14. (T.C.A. 24-4-101(b)).

Suppose a witness is subpoenaed and lives more than ten miles from the courthouse. In that case, they can ask the clerk for reimbursement of their mileage to and from the court at the rate allowed by Tennessee's comprehensive travel regulations at the time the mileage was incurred (Tennessee Code Annotated 24-4-101(b)).

If a witness is situated in a different county than where the court is held, they must also receive:

1. Expenses for hotel, food, and transportation to and from the court will be reimbursed at the per-mile rate set under Tennessee's comprehensive travel rules at the time the costs were incurred.
2. A daily per diem for the time spent traveling to and from the trial.

15. According to Estes v. Good, 1990 WL 77181, at  (Tenn. Ct. App. June 8, 1990), a non-right party's to appeal a decision quashing, amending, or granting a subpoena is guaranteed by Tenn. R. App. P. 3. 

16. Tenn. R. App. P. 4; Estes, 1990 WL 77181

17. When reviewing a trial court's ruling on a discovery motion, the appellate court reviews the decision using an abuse of discretion standard (Artist Bldg. Partners v. Auto-Owners Mut. Ins. Co., 435 S.W.3d 202, 220-21 (Tenn. Ct. App. 2013)).