Rule 45.05. Subpoena for a Hearing or Trial — Personal Attendance

0310-01-01-.01  APPLICABILITY OF TENNESSEE RULES OF CIVIL PROCEDURE AND CORRELATION WITH T.C.A. § 9-8-403(a)(1).

TRCP Rule 45.05 is followed in its entirety and the following language is also added:

(a) If a personal attendance subpoena is not requested at least fifteen (15) days prior to the hearing, no continuance for failure to appear will be granted, unless justice requires otherwise.

Editor’s Note:  The text of original Tenn. R. Civ. Pro. 45.05 is set forth below so that the reader can readily see the changes adopted by the Claims Commission.

(1) At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the action is pending, and such a subpoena may be served at any place within the state.

(2) Upon the affidavit of a party or the party’s attorney that the testimony of a witness is important, and that the just and proper effect of the testimony cannot in a reasonable degree be obtained without an oral examination in court, the court may, in its discretion, order the personal attendance of the witness, although such witness may otherwise be exempt from personal attendance. [As amended by order entered January 23, 1986, effective August 1, 1986; and amended by order filed February 1, 1995, effective July 1, 1995.]

Click here for Advisory Commission Comments to Rules 45.01-45.08.

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Tennessee Rules of Civil Procedure (Modified for Use in the Tennessee Claims Commission) Copyright © 2021 by BirdDog Law, LLC (No copyright claimed as to government works.). All Rights Reserved.