Tennessee Code Annotated
Tenn. Code Ann. § 24-9-101 (2026)
Deponents exempt from subpoena to trial but subject to subpoena to deposition - Award of fees and expenses if court grants motion to quash
✓ current as of May 2026
- (a) Deponents exempt from subpoena to trial but subject to subpoena to a deposition are:
- (1) An officer of the United States;
- (2) An officer of this state;
- (3) An officer of any court or municipality within the state;
- (4) The clerk of any court of record other than that in which the suit is pending;
- (5) A member of the general assembly while in session, or clerk or officer thereof;
- (6) A practicing physician, physician assistant, advanced practice registered nurse, psychologist, senior psychological examiner, chiropractor, dentist or attorney;
- (7) A jailer or keeper of a public prison in any county other than that in which the suit is pending;
- (8) 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
- (9) 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.
- (b) 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.
Amended by 2018 Tenn. Acts, ch. 851,s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 980,s 1, eff. 7/1/2016.
Acts 1986, ch. 750, § 1; 1991, ch. 456, § 1; 2006, ch. 729, § 1; 2009, ch. 55, § 1; 2012, ch. 678, § 1.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1983–2022 · leading case: Dickey v. McCord, 63 S.W.3d 714 (Tenn. Ct. App. 2001).
Dickey v. McCord, 63 S.W.3d 714 (Tenn. Ct. App. 2001). “appears that the absence of the witness was procured by the party offering the deposition; or (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or that (D) that the party offering the deposition has been unable to procure…”
Stokes v. Leung, 651 S.W.2d 704 (Tenn. Ct. App. 1983). “ (a) The witness, if he occupies any of the positions, or is employed in any of the capacities enumerated in subdivision (7) of § 24-9-101, is exempt from the penalties provided for the nonattendance of witnesses summoned by subpoena, provided he claim such exemption at the…”
Raines v. Shelby Williams Indus., Inc., 814 S.W.2d 346 (Tenn. 1991). “The defendant argues there was no proof the witness was “unavailable,” as defined by the Rule, and that the witness is not exempt from subpoena to trial pursuant to Tenn.Code Ann. § 24-9-101, which provides: 24-9-101.”
Est. of Brock Ex Rel. Yadon v. Rist, 63 S.W.3d 729 (Tenn. Ct. App. 2001). “, unless it appears that the absence of the witness was procured by the party offering the deposition; or (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (D) that the party offering the deposition has been unable to…”
Billie Mclemore v. J.W. Powell & Raymond Nelson, 968 S.W.2d 799 (Tenn. Ct. App. 1997). “, unless it appears that the absence of the witness was procured by the party offering the deposition; or (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (D) that the party offering the deposition has been unable to…”
Adams v. Farbota, 306 F.R.D. 563 (M.D. Tenn. 2015). “See Tenn.Code Ann. § 24-9-101(a)(6). In federal court, there is no analogous exemption for physicians otherwise subject to the subpoena power of the court.”
Dial v. Harrington, 138 S.W.3d 895 (Tenn. Ct. App. 2003). “The Bearman Rule was included to address the dilemma faced by a lawyer taking a discovery deposition of a hostile expert who is or becomes unavailable under the rule, which includes witnesses exempt from subpoena under Tenn.Code Ann. § 24-9-101. Tenn. R. Civ. P.”
Crystal Spearman, Individually & as Parent & Next Friend of Kenji Lewis, a Minor v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2021). “” Tenn. Code Ann. § 24-9-101 (a)(6). Rule 32.”
Leroy Sexton v. State of Tennessee (Tenn. Crim. App. 2018). “” Tenn. Code Ann. § 24-9-101 (a)(6). In Connie Easterly, the defendant issued subpoenas to two statutorily-exempted deponents, requiring their testimony at her trial.”
Cowley v. United States (W.D. Tenn. 2022). “Schrader and Smith are unavailable witnesses under Federal Rule of Civil Procedure 32(a)(4)(D) & (E) and Tenn. Code Ann. § 24-9-101 (a)(6). (Id.) Both defendants disagree, arguing that the Tennessee statute is not binding in federal court, that no federal rule prohibits the…”
James & Patricia Cullum v. Baptist Hosp. Sys., Inc. (Tenn. Ct. App. 2014). “The plaintiffs argue that Tenn. Code Ann. § 24-9-101 is an exemption from subpoena to trial only, and that Dr.”
William Rosenberg Richards v. Joy Wood Richards (Tenn. Ct. App. 2005). “(D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena or the witness is exempt from subpoena to trial under T.C.A. § 24-9-101. . . . Tenn. R. Civ. P.”
— Tenn. Code Ann. § 24-9-101(6) — 1 case
William Rosenberg Richards v. Joy Wood Richards (Tenn. Ct. App. 2005). “(D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena or the witness is exempt from subpoena to trial under T.C.A. § 24-9-101. . . . Tenn. R. Civ. P.”
— Tenn. Code Ann. § 24-9-101(8) — 1 case
State of Tennessee v. Floyd \Butch\" Webb - Concurring" (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 24-9-101(a) — 2 cases
Crystal Spearman, Individually & as Parent & Next Friend of Kenji Lewis, a Minor v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2021). “” Tenn. Code Ann. § 24-9-101 (a)(6). Rule 32.”
James & Patricia Cullum v. Baptist Hosp. Sys., Inc. (Tenn. Ct. App. 2014). “The plaintiffs argue that Tenn. Code Ann. § 24-9-101 is an exemption from subpoena to trial only, and that Dr.”
— Tenn. Code Ann. § 24-9-101(a)(6) — 1 case
Adams v. Farbota, 306 F.R.D. 563 (M.D. Tenn. 2015). “See Tenn.Code Ann. § 24-9-101(a)(6). In federal court, there is no analogous exemption for physicians otherwise subject to the subpoena power of the court.”
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