Tennessee Code Annotated
Tenn. Code Ann. § 4-5-311 (2026)
Discovery - Subpoenas - Protective orders
✓ current as of May 2026
- (a) The administrative judge or hearing officer, at the request of any party, shall issue subpoenas, effect discovery, and issue protective orders, in accordance with the Tennessee Rules of Civil Procedure, except that service in contested cases may be by certified mail in addition to means of service provided by the Tennessee Rules of Civil Procedure. The director of the administrative procedures division of the secretary of state's office may issue subpoenas on behalf of an administrative judge employed by the secretary of state. The administrative judge or hearing officer shall decide any objection relating to discovery under this chapter or the Tennessee Rules of Civil Procedure. Witnesses under subpoena shall be entitled to the same fees as are now or may hereafter be provided for witnesses in civil actions in the circuit court and, unless otherwise provided by law or by action of the agency, the party requesting the subpoenas shall bear the cost of paying fees to the witnesses subpoenaed.
- (b) In case of disobedience to any subpoena issued and served under this section or to any lawful agency requirement for information, or of the refusal of any person to testify in any matter regarding which such person may be interrogated lawfully in a proceeding before an agency, the agency may apply to the circuit or chancery court of the county of such person's residence, or to any judge or chancellor thereof, for an order to compel compliance with the subpoena or the furnishing of information or the giving of testimony. Forthwith, the court shall cite the respondent to appear and shall hear the matter as expeditiously as possible. If the disobedience or refusal is found to be unlawful, the court shall enter an order requiring compliance. Disobedience of such order shall be punished as contempt of court in the same manner and by the same procedure as is provided for like conduct committed in the course of judicial proceedings.
- (c) The agency may promulgate rules to further prevent abuse and oppression in discovery.
- (d) Any party to a contested case shall have the right to inspect the files of the agency with respect to the matter and to copy therefrom, except that records, the confidentiality of which is protected by law, may not be inspected.
Amended by 2022 Tenn. Acts, ch. 833, s 3, eff. 7/1/2022.
Acts 1974, ch. 725, §§ 10, 11; 1975, ch. 370, § 4; 1978, ch. 938, §§ 9, 10, 11; T.C.A., §§ 4-516, 4-517, 4-5-110(b), 4-5-111(c); Acts 1982, ch. 874, §§ 49, 50.
Notes of Decisions
Cited in 5
cases, 1985–2019 · leading case: Robert B. Elliott v. The Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985).
Robert B. Elliott v. The Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985). “§ 4-5-308(a) & (b), to request the administrative judge to issue subpoenas, Tenn.Code Ann. § 4-5-311(a), and to examine and cross-examine witnesses, Tenn.”
Mitchell v. Madison Cnty. Sheriff's Dep't, 325 S.W.3d 603 (Tenn. Ct. App. 2010). “Under the contested case provisions of the UAPA, as provided for in Tennessee Code Annotated § 4-5-311 (a), Mitchell claimed that the Commission was empowered to "issue subpoenas, effect discovery, and issue protective orders, in accordance with the Tennessee Rules of Civil…”
Tennessee Dep't of Saf. ex rel. Charles A. Harmon v. Carltone E. Bryant, IV (Tenn. Ct. App. 2012). “T.C.A. § 4-5-311 states that when parties have refused to testify in a proceeding before an agency, that the agency may apply in the Circuit or Chancery Court to any judge for compelling compliance.”
Lee Phan v. Tennessee Dep't of Com. & Ins. (2017). “Phan alleges that the Department withheld portions of the Board’s file in this case in violation of Tenn. Code Ann. § 4-5-311 (d).9 Mr. Phan asserts that, when he requested the Board’s file, he should have received copies of the agreed orders entered into between the Board and…”
David Mark Sloane v. Tennessee Dep't of State, Bus. Servs. Div. (2019). “” Tenn. Code Ann. § 4-5-311 . At the request of Mr.”
— Tenn. Code Ann. § 4-5-311(a) — 2 cases
Robert B. Elliott v. The Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985). “§ 4-5-308(a) & (b), to request the administrative judge to issue subpoenas, Tenn.Code Ann. § 4-5-311(a), and to examine and cross-examine witnesses, Tenn.”
Tennessee Dep't of Saf. ex rel. Charles A. Harmon v. Carltone E. Bryant, IV (Tenn. Ct. App. 2012). “T.C.A. § 4-5-311 states that when parties have refused to testify in a proceeding before an agency, that the agency may apply in the Circuit or Chancery Court to any judge for compelling compliance.”
— Tenn. Code Ann. § 4-5-311(b) — 1 case
Tennessee Dep't of Saf. ex rel. Charles A. Harmon v. Carltone E. Bryant, IV (Tenn. Ct. App. 2012). “T.C.A. § 4-5-311 states that when parties have refused to testify in a proceeding before an agency, that the agency may apply in the Circuit or Chancery Court to any judge for compelling compliance.”
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