Tennessee Code Annotated
Tenn. Code Ann. § 40-17-107 (2026)
Issuance of subpoenas by clerk
✓ current as of May 2026
- (a) The clerk of the court in which a criminal cause is pending shall issue subpoenas, at any time, to any part of the state, for witnesses as either the district attorney general or the defendant may require.
- (b) The clerk shall also issue a subpoena, without any application, for witnesses whose names are marked as witnesses by the district attorney general upon the indictment.
- (c) The clerk shall issue no subpoena for a witness, on behalf of the state, except witnesses as are so marked or subsequently directed by the district attorney general, in writing, to be summoned.
- (d) This section shall govern when a clerk is required to issue a subpoena in a criminal case in general sessions court. If any local rule of court conflicts with this section, this section shall prevail and the clerk shall issue subpoenas in accordance with this section.
Code 1858, §§ 5381, 5382, 5597 (deriv. Acts 1822, ch. 40, § 1); Shan., §§ 7359, 7360, 7641; Code 1932, §§ 11964, 11965, 12270; modified; T.C.A. (orig. ed.), §§ 40-2408 -- 40-2410; Acts 1997, ch. 377, § 3.
Notes of Decisions
Cited in 6
cases, 2000–2020 · leading case: State of Tennessee v. Robert Landon Webster (Tenn. Crim. App. 2018).
State of Tennessee v. Robert Landon Webster (Tenn. Crim. App. 2018). “See Tenn. Code Ann. § 40-17-107 (a); State v.”
Leroy Sexton v. State of Tennessee (Tenn. Crim. App. 2018). “” Tenn. Code Ann. § 40-17-107 (a); see Tenn.”
Michael F. Maraschiello v. State of Tennessee (Tenn. Crim. App. 2020). “” T.C.A. § 40-17-107(a); see Tenn. R. Crim.”
State of Tennessee v. Frank Lee Tate (Tenn. Crim. App. 2007). “See T.C.A.§ 40-17-107(b) (requiring the clerk of the court in which a criminal cause is pending to issue subpoenas, at any time, to any part of the state, for witnesses as either the district attorney general or the defendant may require).”
State of Tennessee v. Connie Easterly (Tenn. Crim. App. 2000). “Consistent with this right, Tenn. Code Ann. § 40-17-107 (a) (1997) generally directs the clerks of courts in which criminal cases are pending to issue subpoenas “at any time, to any part of the state, for such witnesses as either the district attorney general or the defendant…”
State of Tennessee v. Winfred Lee Faulcon (Tenn. Crim. App. 2002). “Clearly the Appellant was free to avail himself of the statutory provisions of Tennessee Code Annotated § 40-17-107 (1997), which permits the issuance of subpoenas “for such witnesses as either the district attorney general or the defendant may require.”
Tenn. Code Ann. § 40-17-107(a): 1 case
Michael F. Maraschiello v. State of Tennessee (Tenn. Crim. App. 2020). “” T.C.A. § 40-17-107(a); see Tenn. R. Crim.”
Tenn. Code Ann. § 40-17-107(b): 1 case
State of Tennessee v. Frank Lee Tate (Tenn. Crim. App. 2007). “See T.C.A.§ 40-17-107(b) (requiring the clerk of the court in which a criminal cause is pending to issue subpoenas, at any time, to any part of the state, for witnesses as either the district attorney general or the defendant may require).”
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