Rule 107. Subpoenas

Rule 107. Subpoenas

(a)   Form — Issuance. Every subpoena shall be issued by the clerk. Each subpoena shall state the name of the court and the title of the action. Each subpoena shall command the person to attend and give testimony at a hearing and shall specify the time and place and the name of the party for whom testimony will be given. The clerk shall issue a subpoena or a subpoena for the production of documentary evidence, signed but otherwise in blank, to a party requesting it, who shall fill it in before service.

(b)  Subpoena of Persons.  With the exception of emergency hearings, preliminary hearings, detention hearings, or for good cause shown, all subpoenas for the attendance of witnesses shall be served at least 5 calendar days prior to the hearing.

(c)    Subpoena for Production of Documents and Things.  With the exception of emergency hearings, preliminary hearings, and detention hearings, all subpoenas for the production of documents, images, records, data or like information shall be served at least 10 calendar days prior to the hearing, unless otherwise provided by law. Copies of the subpoena must be served pursuant to Rule 106 on all parties, and all material produced must be made available for inspection, copying, testing, or sampling by all parties, except as otherwise provided by the law.

(d)  Service.  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 accordance with this or any local rule.

[Amended by order filed January 8, 2018, effective July1, 2018.]

Advisory Commission Comments.

The original Rules of Juvenile Procedure did not contain a rule regarding the issuance of subpoenas. The rule only applies to serving a subpoena for a court hearing. See Rule 206 regarding discovery in delinquent and unruly cases and Rule 305 in dependent and neglect cases.

This rule provides for a minimum time in which a subpoena must be served prior to a court hearing. The time limits do not apply to emergency, detention or preliminary hearings, though subpoenas should be served as far in advance of the hearing as practicable.

The time to serve a subpoena is excluded from Rule110 regarding the calculation and extension of time.

Subdivision (c) is applicable to a subpoena for the production of documents and things. Note that other laws may override this provision. For example, the Health Insurance Portability and Accountability Act of 1996 (HIPAA; Pub.L. 104–191), contains specific provisions regarding the disclosure of health care records in response to a subpoena. See 45 CFR 164.512.

Subdivision(d) allows juvenile courts to have local rules addressing acceptable methods of service of subpoenas.

This rule does not preclude the filing of a motion to quash a subpoena.

Advisory Commission Comments 2018.

The 2018 amendment adds a new sentence to the end of subsection (c), so that the procedure here conforms to Rule 45.02, Tennessee Rules of Civil Procedure.