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Process Service Blog

A blog about private service of process and other service of process issues written by Middle Tennessee- Nashville private process server Brad Holton of Holton Services.  Call (615)499-6522 to set up service.

Deposition Subpoena for Davidson County residents - a better way?

bradley holton

We do a good bit of business from out of state clients who in many cases to secure a subpoena for the deposition of an extraterritorial nonparty must first look to the rules of the jurisdiction where the case is pending, from there turn to the procedural rules of the state where the nonparty is based, further you must confirm that there are no additional requirements imposed by local rules in the nonparty’s county of residence. (anyone out of breath yet) 

Recently with subpoena's for depositions in Davidson I am noticing that people are asking about how they can get a local "official" to sign off on their subpoena for someone in Davidson county. While I am not a lawyer I am seeing that all the "big law" clients are issuing subpoenas for discovery, deposition, production of documents and medical records from the Davidson county court itself on behalf of a faraway place. If what you need is info it is in many cases "better" to use the rules of service for Tennessee than some places "Texas" "Louisiana" are both really strict on methods to affect successful service. From the TN code *Disclaimer I am not a lawyer and cannot give legal advice --- I make no claim to the following being valid please check official sources

2010 Tennessee Code
Title 24 - Evidence And Witnesses
Chapter 9 - Depositions
Part 2 - Uniform Interstate Depositions and Discovery Act
24-9-203 - Issuance of subpoena.

24-9-203. Issuance of subpoena.


(a)  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.

(b)  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.


[Acts 2008, ch. 908, § 1.]  


What this means for your attempt to compel someone (especially a savvy holding company etc) to produce documents or testimony is that Tennessee will ask in its own way for you!

Holton services offers a low rate to pick up a foreign court subpoena and file it with the clerk once we have served and filled out the return of service here is a link to the docs

and here is a link to the instructions for requesting a foreign court subpoena