Tennessee § 24-9-101 - Deponents exempt from subpoena to trial but subject to subpoena to deposition — Award of fees and expenses if court grants motion to quash.

§ 24-9-101. Deponents exempt from subpoena to trial but subject to subpoena to deposition — Award of fees and expenses if court grants motion to quash.

Deponents exempt from subpoena to trial but subject to subpoena to a deposition are: An officer of the United States; An officer of this state; An officer of any court or municipality within the state; The clerk of any court of record other than that in which the suit is pending; A member of the general assembly while in session, or clerk or officer thereof; A practicing physician, physician assistant, advanced practice registered nurse, psychologist, senior psychological examiner, chiropractor, dentist or attorney; A jailer or keeper of a public prison in any county other than that in which the suit is pending; A custodian of medical records, if such custodian files a copy of the applicable records and an affidavit with the court and follows the procedures provided in title 68, chapter 11, part 4, for the production of hospital records pursuant to a subpoena duces tecum; and A licensed clinical social worker, as defined in § 63-23-105 and engaged solely in independent clinical practice, in proceedings in which the department of children's services is the petitioner or intervening petitioner. If the court grants a motion to quash a subpoena issued pursuant to subsection (a), the court may award the party subpoenaed its reasonable attorney's fees and expenses incurred in defending against the subpoena. Acts 1986, ch. 750, § 1; 1991, ch. 456, § 1; 2006, ch. 729, § 1; 2009, ch. 55, § 1; 2012, ch. 678, § 1; 2014, ch. 590, § 1; 2016, ch. 980, § 1; 2018, ch. 851, § 1. Compiler's Notes. Former chapter 9, §§ 24-9-101 — 24-9-133 (Code 1858, §§ 3836, 3838-3856, 3858-3870, 3875 (deriv. acts 1794, ch. 1, §§ 30, 31; 1795, ch. 3, §§ 1, 2; 1801, ch. 6, §§ 32, 39; 1811, ch. 100, § 1; 1817, ch. 189, §§ 2, 3; 1817, ch. 199, § 5; 1824, ch. 6, § 2; 1826, ch. 24, § 1; 1826 Private, ch. 77, § 2; 1827, ch. 81, § 5; 1833, ch. 30, § 1; 1835-1836, ch. 11, § 7; 1843-1844, ch. 158, §§ 1, 2; 1847-1848, ch. 17; 1851-1852, ch. 118; 1851-1852, ch. 128, § 1; 1851-1852, ch. 161); Acts 1859-1860, ch. 53, §§ 1, 2; 1859-1860, ch. 94; 1870, ch. 16, § 1; 1899, ch. 276, §§ 1, 2; 1909, ch. 160, §§ 1-3; Shan., §§ 5624, 5627-5647, 5649-5654, 5656-5663, 5668; Acts 1923, ch. 26, § 1; Shan. Supp., 5668a12; Mod. Code 1932, §§ 98061, 9809-9829, 9831-9853; Acts 1949, ch. 126, § 1; C. Supp., 1950, § 9806; Acts 1959, ch. 275, §§ 2, 3-7; 1963, ch. 321, § 1; 1976, ch. 527, §§ 1-3; 1982, ch. 754, § 1; 1983, ch. 41, § 1; 1986, ch. 584, §§ 1, 2), concerning depositions, was repealed by Acts 1986, ch. 750, § 1. Acts 1986, ch. 584, §§ 1 and 2, effective March 24, 1986, purportedly amended former § 24-9-105 and added a new section to this chapter which would have been designated § 24-9-134 ; however, Acts 1986, ch. 750, § 1, effective July 1, 1986, repealed this chapter in its entirety. The provisions in Acts 1986, ch. 584, §§ 1 and 2 are deemed repealed by chapter 750. Section 24-9-134 , had it taken effect, would have read: “(a) The witness, if he is a practicing physician, shall be exempt from appearance in court to testify, provided he clearly states his profession in his deposition. No subpoena need be served on such a witness in order for such exemption to be valid. “(b) If the witness fails to claim exemption at the time mentioned, he may be allowed the benefit of it, by application to the court. “(c) A false claim set up by the witness shall in no way affect the right of the party summoning the witness under the provisions of this Code, and the burden of proof is on the witness, upon scire facias, to show the fact entitling him to exemption.” Amendments. The 2018 amendment added (a)(9). Effective Dates. Acts 2018, ch. 851, § 2. July 1, 2018. Cross-References. Clerk's fees, § 8-21-401 . Depositions by physicians, § 50-6-235 . Depositions of members of armed forces, §§ 58-1-604 — 58-1-606 . Depositions previously filed in federal court, § 16-1-111 . Evidence at trials, Tenn. R. Civ. P. 43. Laws in conflict with court rules nullified, § 16-3-406 . Medical attendance and hospitalization, reports, physical examinations, § 50-6-204 . Notary fee, § 8-21-1201 . Power of clerks to take depositions, §§ 18-1-108 , 18-6-113 . Retaking testimony after loss of deposition, § 24-8-110 . Scope of discovery, Tenn. R. Civ. P. 26. Subpoena for a hearing or trial; personal attendance, Tenn. R. Civ. P. 45.05. Testimony of convict, § 41-21-304(a) . Rule Reference. This chapter is referred to in the Advisory Commission Comments under Rule 26 of the Tennessee Rules of Civil Procedure. This section is referred to in the Advisory Commission Comments of Rule 32, and in the Advisory Commission Comments of Rule 45 of the Tennessee Rules of Civil Procedure. Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), Nos. 1-32.01-1, 1-45.01-1, 1-45.05-1. Tennessee Law of Evidence (2nd ed., Cohen, Paine and Sheppeard), § 804(a).5. Law Reviews. Evidentiary Privileges Against The Production Of Data Within The Control Of Executive Departments (William V. Sanford), 3 Vand. L. Rev. 73. Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987). Statutory Construction — Restriction of Application of Statute to Contemporary Circumstances — Parties as “Witnesses” under Tennessee Deposition Statute, 3 Vand. L. Rev. 666. Suggested Changes in Pre-Trial Procedure, 17 Tenn. L. Rev. 201. Tennessee and Federal Rules of Civil Procedure (Donald F. Paine), 27 No. 5 Tenn. B.J. 25 (1991). The Present Status of Discovery Before Trial in Actions at Law in Tennessee, 16 Tenn. L. Rev. 439. Trial, 4 Mem. St. U.L. Rev. 335. 1. Construction And Interpretation.