Under the Uniform Interstate Depositions and Discovery Act, § 24-9-203, a foreign subpoena is submitted to a court clerk for the county where discovery is sought, who promptly issues a Tennessee subpoena. The Act requires no Tennessee attorney. Served 123 LLC handles the filing and service.
What to Send Us
Every Tennessee Order Includes
Skip tracing is available if the address turns out to be bad.
Every Tennessee County
Served 123 LLC handles subpoena domestications in all 95 Tennessee counties. The county finder names the Circuit Court Clerk for the discovery county, and the directory lists each address. Search the finder by county name, town or ZIP code to find the right office and its address.
Documents Subpoena
A Tennessee subpoena may call for records with or without a personal appearance, and the witness may object in writing within 21 days after service. Davidson County adds a HIPAA notice for medical records, set out below. Your written quote confirms the path, before you pay.
Tennessee Subpoena Domestication Order
One written quote covers document preparation, any issuer’s or clerk’s fee and service if ordered.
The table sets each point of the Tennessee route beside its statute or rule, and the numbered steps follow the work from the papers you send to the signed return.
| Point | Tennessee | Statute or Rule |
|---|---|---|
| Law | The Uniform Interstate Depositions and Discovery Act, 2008 Pub. Ch. 908, effective July 1, 2008 | §§ 24-9-201 to 24-9-207 |
| Venue | A clerk of court in the discovery county | § 24-9-203(a) |
| Who Issues | The clerk, promptly, in accordance with the rules of court | § 24-9-203(b) |
| Appearance | The request and issuance are not an appearance in Tennessee courts | § 24-9-203(a) |
| What Goes In | The foreign terms, with every counsel’s and unrepresented party’s name, address and telephone number | § 24-9-203(b) |
| Bold Warning | The 21-day objection warning in bold-faced text on a deposition or records subpoena | Rule 45.04(1) |
| Fee | The Act names no amount; any clerk’s charge is in your written quote | §§ 24-9-201 to 24-9-207 |
| Service | Any person authorized to serve process, under the rules on service of process | § 24-9-204; Rule 45.03 |
| Method | Delivering or offering to deliver a copy to the witness | Rule 45.03 |
| Response Time | At least 21 days after service, absent the witness’s agreement or a court order | Rule 45.07(1) |
| Objections | Written objection within 21 days after service; a late one waives all but production costs | Rule 45.07(2) |
| Deposition Place | A resident: the county of residence, work or business, or a place the court fixes | Rule 45.04(2) |
| Motions | The court of the discovery county, applying Tennessee’s rules and statutes | § 24-9-206 |
| Fee Shifting | Attorney’s fees and expenses, in the court’s discretion, whether the subpoena is quashed or sustained | § 24-9-207 |
Your foreign subpoena comes to us with the witness, your dates and the counsel list, and your written quote confirms the steps before you pay.
We prepare the Tennessee subpoena with the foreign terms, the counsel list and the bold 21-day objection warning.
A clerk of court in the county where discovery is sought issues it promptly, in accordance with the rules of court.
Your side serves a copy of a records subpoena on all parties under Rule 5.
Our server delivers or offers to deliver the subpoena to the witness, anywhere in Tennessee.
The return, naming the server by name and address, comes back to you.
Under Rule 45.07(2), a written objection “must be served on the party or attorney designated in the subpoena within twenty-one days after the subpoena is served.” Under Rule 6.01, the day of service is left out, and a last day on a Saturday, Sunday or legal holiday runs to the next day that is none of those.
Rule 45.07(1) also gives the witness at least 21 days after service to respond.
A planning aid, not legal advice. It does not see a day of fasting or thanksgiving appointed later, a day the clerk’s office closes, or a court order or the witness’s agreement setting another time. Each can change the date; if a date is close, ask counsel.
Tennessee enacted the Uniform Interstate Depositions and Discovery Act in 2008 as Part 2 of Title 24, Chapter 9. The quotations below are § 24-9-203: where the request goes, who issues and what the Tennessee subpoena must carry.
A party may submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. The request for and issuance of a subpoena in this state under this part shall not constitute making an appearance in the courts of this state.
Served 123 LLC prepares the Tennessee subpoena and handles the clerk step.
Get a Free Quote Online →When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with the rules of court, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
The subpoena shall incorporate the terms used in the foreign subpoena and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Official texts: Tenn. Code Ann. §§ 24-9-201 to 24-9-207 (2008 Pub. Ch. 908); Tenn. R. Civ. P. Rule 4.01, 6.01, 45.01, 45.02, 45.03, 45.04 and 45.07; Davidson Local Rules. General information, not legal advice. The official text controls.
Served 123 LLC prepares the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →These cards set out who may serve and how, where in Tennessee, where a resident is deposed, the 21-day response window, where motions and fee requests go, other notice laws and what a timely objection pauses. For a summons or other court papers, see process service in Tennessee.
Section 24-9-204 reads: “A subpoena issued by a clerk of court under § 24-9-203, shall be served in compliance with the Tennessee rules of civil procedure relative to service of process.” Rule 45.03 then reads: “A subpoena may be served by any person authorized to serve process, or the witness may acknowledge service in writing on the subpoena.”
§ 24-9-204; Rule 45.03Rule 45.07(1) reads: “A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a non-party witness subject to the subpoena and shall provide the non-party witness at least twenty-one (21) days after service of the subpoena to respond, absent agreement of the non-party witness or a court order.”
Rule 45.07(1)For a summons, Rule 4.01(2) reads: “A summons and complaint may be served by any person who is not a party and is not less than 18 years of age.” The same paragraph adds: “The process server must be identified by name and address on the return.”
Rule 4.01(2)Once issued, the subpoena runs on Tennessee practice. Under § 24-9-205, “the time and place and the manner of the taking of the deposition, the production, or the inspection must comply with the Tennessee rules of civil procedure relative to discovery.”
§ 24-9-205Rule 45.03 sets the method in one sentence: “Service of the subpoena shall be made by delivering or offering to deliver a copy thereof to the person to whom it is directed.”
Rule 45.03The 2009 Advisory Commission Comment to Rule 45.04 reads: “The amendment to Rule 45.04(1) restates settled law. A deposition subpoena, like a trial subpoena, may be served anywhere in Tennessee.”
Rule 45.04 CommentA witness who lives in Tennessee has a limit on where the deposition is taken. Rule 45.04(2) reads: “A resident of the state may be required to give a deposition only in the county where the person resides or is employed or transacts his or her business in person, or at such other convenient place as is fixed by an order of the court.”
Rule 45.04(2)Section 24-9-206 reads: “An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 24-9-203, shall comply with the applicable rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.”
§ 24-9-206Section 24-9-207 cuts both ways. “If the court grants a motion to modify or quash a subpoena issued pursuant to this act, the court, in its discretion, may award the party subpoenaed its reasonable attorney’s fees and expenses incurred in defending against the subpoena.” And “If the court sustains the subpoena as issued, the court in its discretion may award the prevailing party its reasonable attorney’s fees and expenses.”
§ 24-9-207Under Davidson County Local Rule § 22.10, “motions to compel testimony, production, or inspection in compliance with subpoenas filed under Tenn. R. Civ. P. 45.07; or any motion asking to postpone or restrict discovery must:”, among other things, “(b) state the specific grounds for the motion; and (c) be accompanied by an affidavit or other evidence showing the need for the order.”
Davidson Loc. R. § 22.10The AOC subpoena form posted by the Davidson County Circuit Court Clerk reads: “The party issuing the Subpoena is responsible for complying with any provision of law imposing additional notice requirements that apply to the pending case or to the type of records being sought under this Subpoena.”
AOC subpoena formAn objection served on time changes what a deposition witness must do next, until a judge weighs in. Rule 45.07 reads: “The timely service of an objection obviates the need for compliance with the deposition subpoena pending further order of the court.”
Rule 45.07Served 123 LLC handles the service and the signed return.
Get a Free Quote Online →These cards cover records without an appearance, copies for the parties, the 21-day objection, electronic records, the keeper’s sworn statement, waiver, a motion to compel and Davidson County medical records.
A records keeper may be asked for the papers alone. Rule 45.02 lets a subpoena command production “with or without commanding the person to appear in person at the place of production or inspection.”
Rule 45.02Rule 45.02 reads: “Copies of the subpoena must be served pursuant to Rule 5 on all parties” and “all material produced must be made available for inspection, copying, testing, or sampling by all parties.”
Rule 45.02Under Rule 45.07(2), “A non-party witness commanded to give deposition testimony or to produce documents or tangible things or to permit inspection shall serve on the party or attorney designated in the subpoena a written objection, if any”. The timing is fixed: “Such objection must be served on the party or attorney designated in the subpoena within twenty-one days after the subpoena is served.”
Rule 45.07(2)Rule 45.02 lets the requester pick the format: “A subpoena may specify the form or forms in which electronically stored information is to be produced.” The burden runs the other way: “A party serving a subpoena requiring production of electronically stored information shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.”
Rule 45.02Where no one must come in, Rule 45.02 adds an oath: “When appearance is not required, such a subpoena shall also require the person to whom it is directed to swear or affirm that the books, papers, documents, electronically stored information, or tangible things are authentic to the best of that person’s knowledge, information, and belief”.
Rule 45.02Silence has a price, and Rule 45.07 states it in a single sentence: “The failure to serve an objection within the time period specified herein waives all objections to the subpoena except the right to seek the reasonable costs for producing books, papers, documents, electronically stored information, or tangible things.”
Rule 45.07Rule 45.07(3) reads: “At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling testimony, production or inspection.” Under Rule 45.07(4) the court may “grant the motion to compel testimony or production or inspection, or modify the subpoena if it is unreasonable and oppressive” or “condition the grant of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable costs of producing the books, papers, documents, electronically stored information, or tangible things.”
Rule 45.07(3), (4)Davidson County Local Rule § 28.05 reads: “All subpoenas to medical providers for medical records must comply with the Health Insurance Portability and Accountability Act (H.I.P.A.A.), see 45 C.F.R. § 164.512(e), and include the following notice:” That notice gives the patient time, “to allow the patient or the patient’s counsel 21 days to: (A) serve the recipient of the subpoena with a written objection to the subpoena”. And “The signature of counsel or the party on the subpoena is counsel’s or the party’s certification that the above notice was provided to the patient.”
Davidson Loc. R. § 28.05For a records request, we prepare the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →Each of these points comes from a Tennessee statute, a court rule or a Davidson County local rule. Most turn on the venue, the subpoena’s contents or the 21-day windows.
Before service, we compare the papers we prepare with the statutes and raise anything that needs your input.
Type a town, city or ZIP code to find the county, and the finder names that county’s Circuit Court Clerk.
The Tennessee Court Clerks Directory gives each clerk’s contact details.
Tennessee borders eight states, so a witness may sit just over the line. Each “No” rests on that state’s own rule text; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Tennessee | Tenn. Code Ann. §§ 24-9-201 to 24-9-207 (2008 Pub. Ch. 908) | Check | Clerk of court, discovery county |
| Alabama | Ala. Code §§ 12-21-400 to 12-21-407 (Act 2012-518) | No | Circuit clerk, discovery county |
| Arkansas | Ark. R. Civ. P. 45.1 (2017 Ark. 356, eff. 2018) | No | Circuit clerk, discovery county |
| Georgia | O.C.G.A. §§ 24-13-110 to 24-13-116 (2012, HB 46) | No | Clerk of superior court, the witness’s county of residence |
| Kentucky | KRS 421.360 (eff. July 15, 2008) | Check | Circuit Court clerk under the Act; Clerks’ Manual: District Judge for a deposition witness |
| Mississippi | Miss. Code Ann. §§ 11-59-1 to 11-59-15 (S.B. 2264, 2011); M.R.C.P. 45 | Check | Clerk of court, discovery county |
| Missouri | Mo. Sup. Ct. R. 57.08 (no uniform act) | Check | Circuit court order on ex parte application |
| North Carolina | N.C. Gen. Stat. §§ 1F-1 to 1F-7 (S.L. 2011-247) | No | Clerk of court, discovery county |
| Virginia | Va. Code §§ 8.01-412.8 to 8.01-412.15 | Check | Circuit court clerk, discovery circuit |
Each answer cites a Tennessee statute or rule. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
The discovery county. Under § 24-9-203(a), the request goes to the clerk where the deposition or production is to take place, so the witness’s home address alone does not pick the clerk. If the deposition will be held in Knox County, the Knox County clerk issues the subpoena. Open the county finder for that clerk’s office.
No. Under § 24-9-203(a), requesting and issuing a subpoena under the Act is not making an appearance in the courts of Tennessee. A dispute over the subpoena itself is another matter, because § 24-9-206 sends a protective order or a motion to quash, modify or enforce to the court of the discovery county. See the statute section.
Every lawyer of record and every party appearing without a lawyer, each with a name, an address and a telephone number, under § 24-9-203(b). The list may sit inside the Tennessee subpoena or travel with it as a separate sheet. Send the complete list, a telephone number for each name, with the foreign subpoena. See the quoted text.
Since 2008. Chapter 908 of the 2008 Public Acts enacted the Act in Tennessee, effective July 1, 2008, and made it apply to discovery requests in cases already pending on that date. The same chapter deleted the former § 24-9-103, so any citation to that older section is now out of date. See the enactment card.
Yes, some do. The Davidson County Chancery Court posts a foreign subpoena form that names the Act as its authority, and Coffee County posts one titled a foreign court subpoena in a civil action. Whatever the county’s form, the subpoena we prepare carries the foreign terms § 24-9-203(b) requires. See the forms card.
Section 24-9-204 sends service to the Tennessee rules on service of process, and Rule 45.03 lets any person authorized to serve process serve a subpoena; the witness may instead acknowledge service in writing on it. For a summons, Rule 4.01(2) allows any non-party at least 18 years old. See the service cards.
Not always. Under Rule 45.03, an offer of the copy counts as service just as a hand delivery does, so a witness who will not take the papers is not beyond reach. Section 24-9-204 carries that rule over to a subpoena the clerk issues for a case pending in another state. See the method card.
No. The 2009 Advisory Commission Comment to Rule 45.04 treats statewide reach as settled law, so the server may find the witness in any county. Where the deposition happens is a separate limit: Rule 45.04(2) keeps a resident witness to the home, work or business county unless a court order fixes another convenient place. See the reach card.
Yes. Rule 45.02 brings every party in the case into a production subpoena through Rule 5 service, and opens whatever the witness hands over to all of them. That service is counsel’s step, and the AOC form leaves any other notice law for the case or the records to the issuing party. See the copies card.
Two things: the server’s name and the server’s address, under Rule 4.01(2). Our server fills in and signs the return right after delivering the subpoena, and the signed return then comes back to you with the server named and located on it, as that rule requires. See the server card.
Twenty-one days, counted from service. Rule 45.07(2) sets that window for a non-party witness, and Rule 6.01 starts the count on the day after the subpoena is served. The objection goes in writing to the party or attorney the subpoena names. The objection calculator counts the days with Tennessee’s legal holidays.
Under Rule 45.07, failing to serve an objection in time waives every objection but one: the right to seek the reasonable costs of production. A timely objection, by contrast, means the deposition subpoena need not be obeyed until the court orders otherwise. See the waiver card.
The court decides, under § 24-9-207. Win against the subpoena and the witness may recover its legal costs; lose, with the subpoena sustained as issued, and the prevailing side may recover them. A final order awarding those fees has the status of a judgment entitled to full faith and credit. See the motions cards.
Yes, by motion. Once a witness objects, the side that served the subpoena can ask the issuing court under Rule 45.07(3) to order the testimony or production anyway, with notice to the witness. Until that order, a timely objection lets the witness hold off, so the motion is the next step. See the compel card.
Yes. A records subpoena under Rule 45.02 can leave the witness at home and ask only for the documents. When no appearance is required, the subpoena has the keeper swear or affirm that the records are authentic to the best of the keeper’s knowledge, and everything produced is open to all parties. See the records cards.
Local Rule § 28.05 requires every subpoena to a medical provider for medical records to comply with HIPAA, citing 45 C.F.R. § 164.512(e), and to include a notice giving the patient or the patient’s counsel 21 days to serve a written objection. The signature of counsel or the party certifies the notice was given. See the medical records card.
Three parts, priced together before you pay: preparing the Tennessee subpoena with the foreign terms and the counsel list § 24-9-203(b) calls for, the issuance by the clerk of the discovery county with any charge that clerk sets, and service by our server if you order it. See the route.
The floor is three weeks from the day the subpoena is served. Only the non-party witness’s agreement or a court order can shorten that Rule 45.07(1) window, so a compliance date inside that window needs one of the two in hand first. Our quote asks for your date so the subpoena we prepare leaves the full window. See the 21-day card.
No. Section 24-9-203(b) sets no number of days; it says the clerk shall promptly issue the subpoena when a party submits the foreign one. Section 24-9-204 then hands service to the Tennessee rules on service of process, so the witness’s own clock starts at service, not at issuance. See the statute section.
Rule 45.02 has a party demanding electronically stored information take reasonable steps to avoid undue burden or expense on the person subpoenaed, and lets the subpoena name the form of production. If the matter reaches a motion to compel, the court can make the requester pay those production costs up front under Rule 45.07. See the ESI card.
Yes, when Day 21 lands on one. Under Rule 6.01, a period’s last day counts unless it is a Saturday, a Sunday or a legal holiday under § 15-1-101, and then it runs to the next day that is none of those. Tennessee’s list includes Good Friday and the days set apart by law for elections. Try a date in the calculator.
One written quote covers document preparation, any issuer’s or clerk’s fee and service if ordered.
