The Tennessee Commission to Take Deposition (ECTD) is a state agency that provides a formal process to take depositions in civil cases in Tennessee. Through the use of a commission issued by the Court, the ECTD provides a convenient and cost-effective alternative to having a court reporter present to record depositions. The ECTD provides a variety of services to assist attorneys in preparing for depositions, including the issuance of a commission, the appointment of a commissioner, the preparation of the deposition transcript, and the filing of the transcript with the court. There are two types of Tennessee Commission to Take Deposition: (1) Non-Notary Commission and (2) Notary Commission. A Non-Notary Commission is used for depositions that do not require a notarized transcript. A Notary Commission is used for depositions that require a notarized transcript.
Tennessee Commission to Take Deposition
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A single judge of the appellate court may entertain and may grant or deny any request for relief that under these rules may be sought by motion, except that a single judge may not dismiss or otherwise finally dispose of an appeal or other proceeding. The action of a single judge may be reviewed by the court.
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.
RULE 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS. (a) Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.
Tennessee Rule of Civil Procedure 30.01 governs when you can take a deposition. Under Rule 30.01, testimony of any person, including a party, make be taken by deposition upon oral examination following commencement of an action.
The courts shall provide by rule for the setting of cases for trial (a) without request of the parties but upon notice to the parties, or (b) upon request of a party and notice to other parties. Precedence shall be given to actions entitled thereto by any statute of the state of Tennessee.
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.
A responding party may object to part of a request, or to any item or category sought, but a party should produce those documents and things as to any part of a request for which no objection is made, making clear which parts, items, or categories are being produced.
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
RULE 45. 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.