Tennessee Statutory Quick Summary
Tennessee has enacted the Uniform Interstate Depositions and Discovery Act (UIDDA) at T.C.A. § 24-9-201 et seq. To subpoena a witness, hospital, corporation, or registered agent located in Tennessee for a lawsuit pending in another state, an out-of-state attorney does NOT need to open a miscellaneous civil action or retain local Tennessee counsel to appear in court. Instead, submit the foreign subpoena to the Circuit or Chancery Court Clerk in the Tennessee county where discovery is to be conducted, and the clerk will issue a Tennessee subpoena for immediate service.
Controlling Tennessee Statutes & Court Rules Cited in This Guide:
- § T.C.A. § 24-9-201 to § 24-9-207 (Tennessee Uniform Interstate Depositions and Discovery Act)
- § Tenn. R. Civ. P. 4.05 (Service Upon Defendants Outside This State)
- § T.C.A. § 20-2-214 & § 20-2-223 (Tennessee Long-Arm Statutes)
- § Tenn. R. Civ. P. 45.02 & 45.07 (Tennessee Subpoena Service & 21-Day Objection Rule)
1. Step-by-Step UIDDA Subpoena Domestication in Tennessee (T.C.A. § 24-9-203)
Whether you are litigating a commercial dispute in California, a personal injury action in Georgia, or a family law matter in Texas, obtaining testimony or records from a Tennessee resident, hospital (like Vanderbilt or Methodist Le Bonheur), or corporation (like FedEx or HCA) is governed by the Tennessee Uniform Interstate Depositions and Discovery Act (T.C.A. § 24-9-201 to § 24-9-207).
Under T.C.A. § 24-9-203, requesting issuance of a Tennessee subpoena requires four straightforward steps:
- Step 1 — Determine the Correct Tennessee County: Identify the county in Tennessee where the deponent resides, is employed, or transacts business in person (or where the corporate registered agent is located, such as Knox County for CT Corp or Davidson County for CSC).
- Step 2 — Prepare the Foreign Subpoena & Matching Tennessee Subpoena: Prepare your home-state issued subpoena along with a completed Tennessee Circuit or Chancery Court Subpoena form that incorporates the exact terms used in the foreign subpoena and lists the names, addresses, and telephone numbers of all counsel of record and any unrepresented parties in the proceeding (T.C.A. § 24-9-203(c)).
- Step 3 — Clerk Issuance (No Pro Hac Vice Required): Under T.C.A. § 24-9-203(a), submitting a foreign subpoena to a court clerk in Tennessee does not constitute an appearance in the courts of Tennessee. Our local courthouse runners present the foreign subpoena and clerk issuance fee directly to the Circuit or Chancery Court Clerk, who signs and seals the domesticated Tennessee subpoena.
- Step 4 — Personal Service Under Tenn. R. Civ. P. 45: Under T.C.A. § 24-9-204, the domesticated subpoena must be served in compliance with Tennessee Rule of Civil Procedure 45 (including the mandatory 21-day objection language under Rule 45.07).
2. Serving Tennessee Lawsuits on Out-of-State Defendants (Tenn. R. Civ. P. 4.05)
Conversely, when a lawsuit is filed in a Tennessee court against a defendant who resides or is headquartered outside Tennessee, jurisdiction is established under Tennessee’s expansive Long-Arm Statutes (T.C.A. § 20-2-214 and § 20-2-223), which extend personal jurisdiction to the full limits permitted by the Fourteenth Amendment Due Process Clause.
Under Tennessee Rule of Civil Procedure 4.05(1), whenever the law of Tennessee authorizes service outside this state, the summons and complaint may be served:
- By any form of service qualified under Tenn. R. Civ. P. 4.04 (personal delivery by a non-party adult 18 or older in the foreign state);
- In any manner prescribed by the law of the state in which service is effected for an action in any of the courts of general jurisdiction in that state; or
- Through the Tennessee Secretary of State pursuant to T.C.A. § 20-2-215.
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3. Full-Service Clerk Domestication + Same-Day Process Serving
Out-of-state law firms often lose weeks mailing paper packets and checks to Tennessee county clerks and waiting for the clerk to mail the issued subpoena back. Tennessee Process Servers eliminates that bottleneck: simply upload your foreign subpoena through our `/order` portal, and our local runners in Nashville, Memphis, Knoxville, or Chattanooga will walk the subpoena into the Circuit/Chancery Clerk’s office, advance the clerk issuance fee, obtain the seal, and serve the witness or registered agent on the same or next business day.
Frequently Asked Questions: UIDDA & Interstate Litigation in Tennessee
Which county clerk issues a UIDDA subpoena directed to C T Corporation System in Tennessee?
Because C T Corporation System’s Tennessee statutory intake office is located at 300 Montvue Road, Knoxville, TN 37919, a UIDDA subpoena served on CT Corp should be domesticated through the Knox County Circuit or Chancery Court Clerk in Knoxville.
What if the Tennessee witness refuses to comply with a domesticated UIDDA subpoena?
Under T.C.A. § 24-9-206, an application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a Tennessee clerk under the UIDDA must comply with the rules or statutes of Tennessee and be submitted to the court in the county in which discovery is to be conducted (which does require a Tennessee-licensed attorney).