45.01 For Attendance of Witnesses -- Form -- Issuance. 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. 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.
Rule 45.Subpoena
Last amended July 1, 2022 · Last verified July 2, 2026
In one sentenceRule 45 lets the clerk issue subpoenas commanding attendance, document production, or premises inspection, served anywhere in the state for trial but limited to a witness’s home county for a deposition absent a court order, and gives a non-party subpoena recipient 21 days to object before the issuing party can move to compel.
Full Text of Rule 45
45.02 For Production of Documents and Things or Inspection of Premises. 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. 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 and to state whether or not all books, papers, documents, electronically stored information or tangible things responsive to the subpoena have been produced for copying, inspection, testing, or sampling. 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. 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. An order of the court requiring compliance with a subpoena issued under this rule must provide protection to a person that is neither a party nor a party's officer from undue burden or expense resulting from compliance. A command to permit inspection, copying, testing, or sampling may be joined with a command to appear at trial or hearing, or at a deposition, or may be issued separately. A subpoena may specify the form or forms in which electronically stored information is to be produced.
45.03 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 thereof to the person to whom it is directed.
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 for taking depositions may be served at any place within the state. If the subpoena commands the person to whom it is directed to produce designated books, papers, documents, electronically stored information, or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 26.02, the subpoena will be subject to the provisions of Rules 30.02, 37.02, 45.02, and 45.07. A deposition subpoena for testimony or subpoena for production of documentary evidence also must state in prominently displayed, bold-faced text: "The failure to serve an objection to this subpoena within twenty-one days after the day of service of the subpoena waives all objections to the subpoena, except the right to seek the reasonable cost for producing books, papers, documents, electronically stored information, or tangible things."
2 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.
45.05 Subpoena for a Hearing or Trial -- Personal Attendance.
1 At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the action is pending, and such a subpoena may be served at any place within the state.
2 Upon the affidavit of a party or the party's attorney that the testimony of a witness is important, and that the just and proper effect of the testimony cannot in a reasonable degree be obtained without an oral examination in court, the court may, in its discretion, order the personal attendance of the witness, although such witness may otherwise be exempt from personal attendance.
45.06 Contempt. Disobedience or a refusal to be sworn or to answer as a witness may be punished as a contempt of the court in which the action is pending.
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 service of the subpoena to respond, absent agreement of the non-party witness or a court order.
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, to having to give testimony or to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises, or to producing electronically stored information in the form or forms requested. Such objection must be served on the party or attorney designated in the subpoena within twenty-one days after the subpoena is served.
3 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.
4 The Court may: (1) grant the motion to compel testimony or production or inspection, or modify the subpoena if it is unreasonable and oppressive; or (2) 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. The timely service of an objection obviates the need for compliance with the deposition subpoena pending further order of the court. 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 the producing books, papers, documents, electronically stored information, or tangible things.
45.08 Duties in Responding to Subpoena. (1)
A A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.
B If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable.
C A person responding to a subpoena need not produce the same electronically stored information in more than one form.
D A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause. The court may specify conditions for the discovery including, but not limited to the allocation of costs pursuant to the guidelines in Rule 26.06. (2)
A When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.
B If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved.
45.09 Form of Issuance of Subpoena. For purposes of issuance of any subpoena under Rule 45, the clerk of the court in which the action is pending may issue the subpoena in either written paper or electronic form. A signature affixed electronically to a subpoena shall be treated as an original signature. Payment for the issuance of an electronic subpoena shall be received by the trial court clerk not later than 10 calendar days after the issuance of the electronic subpoena and shall be paid by the party requesting said electronic issuance, subject to the following exception. If the requesting party is either a party who has been allowed to proceed on a pauper's oath or an attorney for such a party, then payment of the fee shall be taxed as a court cost.
Advisory Commission Comments
Advisory Commission Comments [1995].
The amendment to Rule 45.05 deleted the provision prohibiting a trial subpoena for deponent located more than 100 miles from the courthouse on trial day. With this amendment, a lawyer has the option of using the deposition or calling the deponent as a witness.
Advisory Commission Comments [1999].
45.01, 45.04: The Tennessee Constitution, Article VI, Section 12, requires that "all writs and other process ... be signed by the respective clerks." Consequently, Rules 45.01 and 45.04 were amended to forbid others from issuing subpoenas, as they had no constitutional power to do so.
Advisory Commission Comments [2005].
Under prior Rules 45.02 and 45.07, a party seeking the production of books, papers, documents, or tangible things, or inspection of premises, was required to issue a subpoena for the testimony of the custodian. The amendment to Rule 45.02 allows a subpoena for production of documentary evidence without requiring the custodian's attendance at a deposition. The rule also requires the person responding to provide an affidavit authenticating the documentary evidence produced pursuant to the subpoena and stating whether or not all responsive material has been produced. The rule requires that all parties have access to the material produced pursuant to subpoena. The procedures in this rule compel the production of documents for review, but do not necessarily authenticate documents pursuant to Rule 902 of the Tennessee Rules of Evidence. This rule also provides that a subpoena may command the inspection of a premises.
Advisory Commission Comments [2009].
New Rule 45.08 authorizes the person served with a subpoena to object to the requested form or forms. In addition, Rule 45.08 provides that if the subpoena does not specify the form or forms for electronically stored information, the person served with the subpoena must produce electronically stored information in a form or forms in which it is usually maintained or in a form or forms that are reasonably usable. Rule 45.08 also provides that the person producing electronically stored information should not have to produce the same information in more than one form unless so ordered by the court for good cause. Rule 45.08(2), like amended Rule 26.02(5), adds a procedure for assertion of privilege or of protection as trial- preparation materials after production. The receiving party may submit the information to the court for resolution of the privilege claim, as under Rule 26.02(5).
With reference to Rule 45.08(1)(C), Guideline 6 of the Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information, Conference of Chief Justices (2006), states: "In the absence of agreement among the parties, a judge should ordinarily require electronically-stored information to be produced in no more than one format and should select the form of production in which the information is ordinarily maintained or in a form that is reasonably usable."
Advisory Commission Comments [2022].
New Rule 45.09 is adopted to empower the trial court clerk to issue any Rule 45 subpoena by either written paper documents or electronic means.
Amendment History
- Adopted by order filed December 14, 2021, effective July 1, 2022.
Plain-English Summary
Rule 45.01 puts the clerk in sole charge of issuing subpoenas — a party requesting one gets it signed but otherwise blank, and fills it in before serving it. Rule 45.02 lets a subpoena reach beyond a request for testimony to command production of documents, electronically stored information, or tangible things, or inspection of premises, and it can do so without requiring the person served to appear in person at all, so long as that person swears the material is authentic and states whether everything responsive to the subpoena has been produced. Rule 45.03 lets any person authorized to serve process deliver the subpoena, or lets the witness acknowledge service in writing.
Rule 45.04 and 45.05 draw a real distinction in geographic reach that is easy to overlook: a deposition subpoena for a resident witness is confined to the county where that witness lives, works, or transacts business in person, unless the court orders a different location, while a trial subpoena carries no comparable limit and can be served anywhere in the state. A deposition subpoena also has to carry bold-faced notice warning that failing to object within 21 days waives every objection except the right to seek reasonable production costs. Rule 45.06 backs the whole structure with contempt: disobeying a subpoena, or refusing to be sworn or to answer, can be punished as contempt of the court where the case is pending.
Rule 45.07 protects a non-party recipient from an unreasonable burden. The party issuing the subpoena has to take reasonable steps to avoid imposing undue cost or hardship and must give the recipient at least 21 days to respond. A non-party who objects serves a written objection within that window rather than waiting to be compelled — and once an objection is served, the recipient does not have to comply until the issuing party moves the court to compel and the court rules, either granting the motion, modifying an unreasonable or oppressive subpoena, or conditioning compliance on the requesting party advancing reasonable production costs. Missing the 21-day window waives every objection except the cost issue.
Rule 45.08 sets how a recipient has to organize what it produces — as kept in the ordinary course of business, or labeled to match the subpoena’s categories — and how electronically stored information has to be produced when the subpoena does not specify a form. It also builds in a claw-back procedure: if privileged or trial-preparation material is produced by mistake, the producing party can notify the recipients, who then must return, sequester, or destroy it and stop using it pending a court ruling on the claim. Rule 45.09 lets the clerk issue a subpoena electronically as well as on paper, with an electronic signature treated the same as an original.
Frequently Asked Questions
Can a subpoena reach anywhere in Tennessee?
It depends on the type. Rule 45.05 lets a trial subpoena be served anywhere in the state, but Rule 45.04 confines a deposition subpoena for a resident witness to the county where that witness lives, works, or transacts business in person, absent a court order allowing otherwise.
How long do I have to object to a subpoena I received as a non-party?
21 days after service. Rule 45.07 requires a written objection within that window, and missing it waives every objection except the right to seek reasonable production costs.
Does a document subpoena require me to personally appear?
Not necessarily. Rule 45.02 lets a subpoena command production of documents or electronically stored information without requiring the recipient to appear in person, as long as the recipient swears to the material’s authenticity and states whether everything responsive has been produced.
What happens if I accidentally produce a privileged document under a subpoena?
Rule 45.08 lets you notify anyone who received it; once notified, they must return, sequester, or destroy the material and stop using it until the court resolves whether the privilege claim holds up.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 45). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: subpoena duces tecumtrial subpoenadeposition subpoenasubpoena objection
Advisory Commission Comments.
45.01:
This Rule provides for the issuance of a subpoena, signed by the clerk or other authorized officer but otherwise in blank, in accord with custom of long standing in many counties.
45.02: Upon motion the court may quash or modify a subpoena duces tecum if it is unreasonable or oppressive and may require the party issuing the subpoena to advance reasonable costs of production of documents.
45.03: This Rule requires personal service upon a witness, unlike the prior practice, authorized by Tenn. Code Ann. § 24-206 [repealed], of leaving a copy of a subpoena at the usual place of residence of a witness who could not be found.
45.05: The first subparagraph of this Rule expressly authorizes service of a subpoena at any place within the state. The second subparagraph recognizes the exemptions from personal attendance given by statute, Tenn. Code Ann. § 24-9-101, but authorizes the court, in its discretion, to order the personal attendance of such witnesses. The reference to Rule 32.01(3) is a housekeeping change to conform to the 1979 rearrangement of discovery rules. [1986.]
45.07: The Commissioners were advised that the practice has developed of a lawyer serving a subpoena duces tecum and obtaining documents without informing opposing counsel. While believing that the language of the original rule required that a subpoena be served in connection with a deposition or trial, the Advisory Commission recommends the additional language to clarify the rule. Under the amendment, service of a subpoena that does not direct the person served to attend a deposition, hearing, or trial would be ineffective and unethical. See Tenn. Sup. Ct. R. 8, RPC 3.4(c). [1987.] Under the Hospital Records as Evidence provisions of Tenn. Code Ann. § 68-11-401 et seq., a custodian can comply with a subpoena duces tecum by sending sealed copies of records to the court clerk or court reporter. Tenn. Code Ann. § 68-11-402(b) contemplates a trial and notice to opposing counsel. If someone other than the patient's lawyer subpoenas hospital records under this statutory procedure, the sealed envelope cannot be opened without the patient's consent. Tenn. Code Ann. § 68-11-404. [1987.]