Tennessee Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Never simply ignore a subpoena: disobedience can be punished as contempt (Tenn. R. Civ. P. 45.06). After a timely written objection, the issuing party must move to compel on notice (Rule 45.07(3)), and the court may modify the subpoena (Rule 45.07(4)).

2. 2

   Rule 45.07 is Tennessee's rule on protection of persons subject to a subpoena. It largely tracks the federal objection model of FRCP 45(d)(2)(B). What stays distinct is the 21-day period, the bold-face waiver notice, the county rule for depositions and the Tennessee UIDDA.

3. 3

   A non-party commanded to testify at a deposition, produce documents or tangible things, or permit inspection serves a written objection on the party or attorney designated in the subpoena within 21 days after service (Rule 45.07).

4. 4

   A timely objection obviates the need for compliance with a deposition subpoena pending further order of the court. Failure to object waives all objections except the right to seek reasonable production costs (Rule 45.07).

5. 5

   The written objection is served on the issuer, not filed. After a timely objection, the issuing party must move to compel on notice (Rule 45.07(3)). A non-party who wants a court order files a motion: Rule 26.03 lets the court protect a party or person for good cause, and the court may modify a subpoena that is unreasonable and oppressive (Rule 45.07(4)).

6. 6

   The rules speak of undue burden or expense on a non-party (Rules 45.07(1), 45.02), and a subpoena that is unreasonable and oppressive may be modified (Rule 45.07(4)). Rule 26.03 allows a protective order for good cause. Rule 45.07 does not list privilege separately.

7. 7

   A resident is deposed only in the county of residence, employment or business absent a court order (Rule 45.04(2)). Subpoenas from other states fall under Tennessee's UIDDA, Tenn. Code Ann. 24-9-201 et seq. Copies of a production subpoena go to all parties (Rule 45.02).

Tennessee Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  Disobedience can be punished as contempt (Tenn. R. Civ. P. 45.06). After a timely written objection, the issuing party must move to compel on notice (Rule 45.07(3)), and the court may modify the subpoena (Rule 45.07(4)).

• 21-Day Written Objection

  A non-party serves a written objection on the party or attorney designated in the subpoena within 21 days after service (Tenn. R. Civ. P. 45.07).

• Objection Is Not a Motion

  A timely objection shifts to the issuing party the burden of moving to compel on notice; the court may modify a subpoena that is unreasonable and oppressive (Tenn. R. Civ. P. 45.07(2), (3), (4)).

• Waiver After 21 Days

  Failure to object waives all objections except the right to seek reasonable production costs, and a deposition or production subpoena must carry a bold-face 21-day waiver notice (Tenn. R. Civ. P. 45.07, 45.04(1)).

• Grounds as Worded in the Rules

  The motion states grounds in the alternative: undue burden or expense, unreasonable and oppressive, and good cause for a protective order (Tenn. R. Civ. P. 45.07(1), 45.07(4), 26.03).

• Issuing Court and County Rule

  The motion goes to the issuing court where the action is pending; a resident is deposed only in the county of residence, employment or business absent a court order (Tenn. R. Civ. P. 45.07(3), 45.04(2)).

• Tennessee UIDDA

  A subpoena from another state is handled under Tennessee's Uniform Interstate Depositions and Discovery Act (Tenn. Code Ann. 24-9-201 et seq.).

• Copies to All Parties

  Copies of a production subpoena must be served on all parties under Rule 5; a production-only subpoena also requires a sworn statement on authenticity and completeness (Tenn. R. Civ. P. 45.02).

• Costs and Sanctions

  The court may condition compliance on advancement of reasonable production costs, and disobedience may be contempt (Tenn. R. Civ. P. 45.07(4), 45.06).