Tennessee § 16-15-708 - Subpoena of witnesses.

§ 16-15-708. Subpoena of witnesses.

The attendance of witnesses to give testimony in court or by deposition is procured by subpoena or summons, requiring the witness to be present at a prescribed place and time, to give testimony in a case or matter stated in the subpoena or summons, mentioning the names of the parties litigant and the party at whose instance the witness is to be summoned, and, if necessary, requiring the witness also to bring any books, papers, documents or tangible things stated in the subpoena or summons. The subpoena is issued by a judge or clerk of the court at any time, and to any county within the state, on request of the party wishing the process, and may be served by any person authorized to serve process, by delivering or offering to deliver a copy of the subpoena to the person to whom it is directed. If any person without cause refuses to appear, to testify or to produce evidence when duly subpoenaed to do so, that person shall be committed to jail by the court before whom that person is bound to testify, to remain in jail without bail until willing to testify or give evidence as the law directs. This section shall govern when a judge or clerk is required to issue a subpoena and the consequences of a person's refusal to appear, testify or produce evidence when subpoenaed pursuant to this section. If any local rule of court conflicts with this section, this section shall prevail and the clerk or other official shall issue subpoenas and the judge shall punish the failure to respond to subpoenas in accordance with this section. Acts 1972, ch. 564, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A., § 16-1133; Acts 1997, ch. 377, § 1. Compiler's Notes. Other procedural provisions for the general sessions courts appear in title 19. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 23.10. Law Reviews. The Tennessee Court System — General Sessions Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 375. Attorney General Opinions. Court order restricting issuance of subpoenas, OAG 96-151 (12/31/96).