Subpoena Service in Tennessee: Rule 45 Witness Fees, Hospital HIM and UIDDA Domestication

Section 1: Subpoena Service Fee, Witness Tender and Turnaround Comparison Table

Whether you are serving a time-sensitive trial subpoena ad testificandum, a Tenn. R. Civ. P. 45.02 subpoena duces tecum on a hospital or bank, or an out-of-state subpoena domesticated under the Tennessee Uniform Interstate Depositions and Discovery Act (Tenn. Code Ann. § 24-9-201 et seq.), compare private process server execution against routine county sheriff handling under Tenn. Code Ann. § 8-21-901(a)(1)(A):

Section 2: Tennessee Witness Attendance Fee and 10-Mile Mileage Rule (Tenn. Code Ann. § 24-4-101)

Under Tenn. Code Ann. § 24-4-101, witnesses subpoenaed to attend in person before a Tennessee Circuit, Chancery, or Criminal Court of record are entitled to statutory attendance and travel compensation:

• $30.00 Per Day Attendance Fee (Courts of Record): Every witness attending a court of record or deposition under Rule 45 is entitled to thirty dollars ($30.00) per day for each day's personal attendance.
• The 10-Mile Mileage Threshold: Under Tenn. Code Ann. § 24-4-101(a), if the witness resides more than ten (10) miles from the courthouse or deposition site within the county (or resides out of the county), the witness is additionally entitled to mileage reimbursement at the per-mile rate paid to Tennessee state employees for official travel.
• Records-Only Subpoenas Duces Tecum (Tenn. R. Civ. P. 45.02): When a subpoena duces tecum commands a custodian of records solely to produce court-authenticated copies of business, banking, or hospital records without requiring a live deposition or trial appearance, tendering the $30.00 live attendance fee at the intake desk is not required—Instead, the custodian recovers statutory copying and search charges (e.g., Tenn. Code Ann. § 68-11-304 for hospital records and Tenn. Code Ann. § 63-2-102 for physician records).

Section 3: The 21-Day Objection Window (Tenn. R. Civ. P. 45.07) and Hospital Records Subpoenas

Under Tenn. R. Civ. P. 45.07, every subpoena commanding production of documents, electronically stored information, or tangible things must allow the recipient a reasonable time for compliance, and the recipient has twenty-one (21) days after service of the subpoena (or before the time specified for compliance if less than 21 days) to serve a written objection on the party or attorney designated in the subpoena. Furthermore, under Tenn. R. Civ. P. 45.02, copies of any records subpoena must be served on all other parties to the action.

When serving a hospital medical records subpoena in Tennessee—such as at Vanderbilt University Medical Center (VUMC) in Nashville, Methodist Le Bonheur Healthcare in Memphis, Erlanger Baroness Hospital in Chattanooga, or UT Medical Center in Knoxville—Tenn. Code Ann. § 68-11-401 through § 68-11-409 allows the Health Information Management (HIM) custodian to comply by furnishing a sealed, true, and correct copy of the chart accompanied by a sworn Custodian Affidavit within five (5) days before the hearing or deposition, accompanied by a HIPAA-compliant patient authorization or Qualified Protective Order under 45 C.F.R. § 164.512(e).

Section 4: Domesticating Out-of-State Subpoenas Under the Tennessee UIDDA (Tenn. Code Ann. § 24-9-201)

Under the Tennessee Uniform Interstate Depositions and Discovery Act (Tenn. Code Ann. § 24-9-201 to § 24-9-207), out-of-state attorneys can compel testimony or document production from a witness, corporation, or hospital in Tennessee without opening a civil lawsuit or filing a pro hac vice motion:

1. Submit Foreign Subpoena to Trial Court Clerk (Tenn. Code Ann. § 24-9-203(a)): Present the out-of-state subpoena to the Circuit or Chancery Court Clerk in the Tennessee county where discovery is to be conducted (e.g., Knox County for C T Corporation System at 300 Montvue Road; Davidson County for CSC at 2908 Poston Avenue or VUMC; Williamson County for InCorp Services at 1585 Mallory Lane in Brentwood).
2. Include All Counsel of Record (Tenn. Code Ann. § 24-9-203(c)): Prepare a matching Tenn. R. Civ. P. 45 subpoena incorporating the exact terms of the foreign subpoena and listing the names, addresses, and telephone numbers of all counsel of record and unrepresented parties.
3. Personal Service Under Rule 45.03 (Tenn. Code Ann. § 24-9-204): The packet is presented to the clerk's office, the Tennessee subpoena is issued, and it is then personally served on the deponent or records custodian.

Section 5: Tennessee Subpoena Service Frequently Asked Questions

Can a Tenn. R. Civ. P. 45 subpoena be served by leaving it with a receptionist or family member?

For an individual fact witness, Tenn. R. Civ. P. 45.03 requires personal delivery to the named witness unless the witness evades service. For a corporation, LLC, bank, or hospital, the subpoena duces tecum is served on its registered agent (such as CT Corp or CSC), corporate officer, or designated Health Information Management (HIM) / legal subpoena intake desk.

Does submitting a foreign subpoena under the Tennessee UIDDA constitute a court appearance?

No. Tenn. Code Ann. § 24-9-203(a) expressly provides that a request for the issuance of a subpoena under the Tennessee UIDDA does not constitute an appearance in the courts of Tennessee, unless a contested motion to compel, quash, or modify is later filed under Tenn. Code Ann. § 24-9-206.

Can the $30.00 witness fee check be tendered with the subpoena?

Yes. Simply note on the /order form that your subpoena requires a statutory Tenn. Code Ann. § 24-4-101 witness fee and mileage check tender, so the check can be tendered with the subpoena and its number and amount noted on the Return of Service.