Subpoena Service & Witness Fee Calculation Rules in Tennessee (Tenn. R. Civ. P. 45 & T.C.A. § 24-4-101)

1. Issuing and Serving Civil Subpoenas Under Tenn. R. Civ. P. 45

In Tennessee Circuit, Chancery, and General Sessions courts, subpoenas are governed by Tennessee Rule of Civil Procedure 45 (and T.C.A. § 16-15-708 in General Sessions Court). Under Rule 45.01, the clerk of court issues subpoenas signed and sealed but otherwise in blank to a party requesting them, who fills them in before service—or an attorney licensed in Tennessee may sign and issue a subpoena directly as an officer of the court.

Under Tenn. R. Civ. P. 45.03, a subpoena may be served by any person authorized to serve a summons (any person at least 18 years of age who is not a party to the action). Personal service is effected by delivering a copy of the subpoena directly to the witness.

2. Statutory Witness Fees & The 10-Mile Rule (T.C.A. § 24-4-101)

Tennessee’s statutory witness compensation framework differs sharply from federal court rules and neighboring states. Under T.C.A. § 24-4-101, witness compensation in Tennessee civil proceedings is calculated as follows:

• $30.00 Per Day Attendance Fee in Courts of Record: Under T.C.A. § 24-4-101(b)(1), witnesses in courts of record attending under a subpoena in a civil matter are entitled to receive $30.00 per day for such attendance.
• The 10-Mile Travel Threshold: Under T.C.A. § 24-4-101(a) and (b)(2), witnesses receive zero mileage reimbursement if they reside within ten (10) miles of the courthouse or deposition site. When a witness resides at a distance greater than 10 miles, they are entitled to travel reimbursement per mile going to and returning from the court at the rate allowable under the State of Tennessee comprehensive travel regulations for state employees.
• When Fees Are Paid (Taxed as Court Costs vs. Advance Tender): Unlike Federal Rule of Civil Procedure 45(b)(1)—which invalidates service if a $40 check is not handed to the witness at the time of service—T.C.A. § 24-4-101(c) provides that all compensation and travel expenses of witnesses in Tennessee state courts are taxed and collected as part of the court costs upon the witness claiming attendance with the clerk. However, T.C.A. § 24-4-101(c) explicitly states that "nothing in this section shall be construed as prohibiting the party... from advancing travel expenses or attendance fees to a witness." Note: If your subpoena is issued out of a U.S. District Court in Tennessee (M.D. Tenn., W.D. Tenn., or E.D. Tenn.), you MUST tender the federal $40/day fee plus $0.67/mile round-trip check at the time of service.

3. The Mandatory 21-Day Objection Window & Geographic Limits (Rule 45.04 & 45.07)

Tennessee Rule of Civil Procedure 45 contains two strict procedural safeguards for non-party witnesses that litigators frequently overlook:

First, the 21-Day Compliance Window (Tenn. R. Civ. P. 45.07): Every subpoena for a deposition or for the production/inspection of documents (subpoena duces tecum) must allow the non-party recipient at least twenty-one (21) days after service of the subpoena to serve a written objection on the issuing attorney. Furthermore, every subpoena must prominently state on its face that the recipient has the right to object within 21 days of service unless the court orders a shorter timeframe.

Second, Geographic Limits on Deposition Subpoenas (Tenn. R. Civ. P. 45.04(2)): A non-party resident of Tennessee may be required by subpoena to attend an examination (deposition) ONLY in the county wherein the person resides or is employed or transacts business in person, or at such other convenient place as is fixed by an order of the court.

4. Professionals Exempt from Live Trial Subpoenas Under T.C.A. § 24-9-101

One of the most unique statutes in Tennessee civil practice is T.C.A. § 24-9-101, which lists categories of deponents who are statutorily EXEMPT from being compelled by subpoena to appear and testify live at a civil trial (requiring parties to take their testimony by deposition instead).

Under T.C.A. § 24-9-101(a), the following individuals are exempt from trial subpoenas in civil cases (unless the court orders otherwise upon a showing of good cause):

• Practicing physicians, chiropractors, dentists, psychologists, senior psychological examiners, optometrists, physical therapists, and registered/practical nurses;
• Practicing attorneys and counselors at law;
• Officers or employees of the state or any county/municipality, or officers/employees of a publicly funded hospital or health agency;
• Witnesses who reside outside the county where the suit is pending (unless within 100 miles under specific trial rules);
• Custodians of business or medical records who have complied with a subpoena duces tecum by providing certified copies and a statutory custodian affidavit under T.C.A. § 68-11-402.