Tennessee Subpoenas: Foreign (Interdistrict) Instructions are a set of rules that govern the service of subpoenas in cases involving parties who reside in different judicial districts in the State of Tennessee. There are two types of Tennessee Subpoenas: Foreign (Interdistrict) Instructions, namely the Subpoena Ducks Cecum and Subpoena Ad Testificandum. The Subpoena Ducks Cecum is used to require a party to produce documents, records, or other tangible evidence relevant to a case. The Subpoena Ad Testificandum requires a party to appear and testify in court. Both types of subpoenas must be served in accordance with Tennessee Rules of Civil Procedure and Tennessee statutes. The person or entity serving the subpoena must provide a copy of the subpoena to the party being served, along with a written notice containing the name and address of the court where the action is pending, the name of the attorney or party issuing the subpoena, the date and time of the court appearance, and instructions for the return of the subpoena.
Tennessee Subpoenas: Foreign (Interdistrict) Instructions
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FAQ
You can't technically serve a subpoena in another country. The required process is significantly more complex and needs to be precise if you want a foreign government to comply. The issue lies in the simple fact that subpoenas are essentially useless once they leave their own jurisdiction.
Rule 45.07 - Protection of Persons Subject to Subpoena (1) 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
A subpoena may command a person to produce and permit inspection, copying, testing, or sampling of designated books, papers, documents, electronically stored information, or tangible things, or inspection of premises with or without commanding the person to appear in person at the place of production or inspection.
SUBPOENA. Every subpoena shall be issued by the clerk, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at the time and place and for the party therein specified.
Rule 45.04 - Subpoena for Taking Depositions - Place of Deposition (1) A subpoena for taking depositions may be issued by the clerk of the court in which the action is pending.
A subpoena may be served by any person authorized to serve process or the witness may acknowledge service in writing on the subpoena. Service of the subpoena shall be made by delivering or offering to deliver a copy to the person to whom it is directed in ance with this or any local rule.
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.
(a) Notwithstanding any other law or rule of court to the contrary, an attorney licensed to practice law in this state or the attorney's agent shall be authorized to serve subpoenas on witnesses in any civil or criminal case if service is effectuated in ance with subsection (b) and if the attorney or any member