Tennessee Code Annotated
Tenn. Code Ann. § 45-10-106 (2026)
Service of subpoena on financial institution
✓ current as of May 2026
A subpoena authorizing the production of financial records may be served upon a financial institution only if:
- (1) A copy of the subpoena has been served upon the customer, if the customer is available for service, in the manner provided by law for the service of subpoena, or, in any judicial proceeding in which the customer is a named party, a copy of the subpoena has been served on the customer in the manner provided for the service of pleadings subsequent to the original complaint by the Tennessee Rules of Civil Procedure; and
- (2) The customer, in the case of a judicial subpoena issued in a proceeding in which the customer is not a named party, has not moved to quash the subpoena within ten (10) days after service of a copy of the subpoena on the customer; or in the case of a nonjudicial subpoena, the customer has not notified the issuer, within ten (10) days after service of a copy of the subpoena on the customer, that the customer objects to the subpoena, in which case the issuer must petition an appropriate court and obtain approval of the court before issuing the subpoena. The appropriate court shall be any court of record in the county where the customer is located, if a resident of Tennessee; otherwise the county where the financial institution is located.
Acts 1983, ch. 224, § 6; 1984, ch. 616, § 5; 1995, ch. 309, § 5.
Notes of Decisions
Cited in 6
cases, 1985–2019 · leading case: State, Dep't of Revenue v. Moore, 722 S.W.2d 367 (Tenn. 1986).
State, Dep't of Revenue v. Moore, 722 S.W.2d 367 (Tenn. 1986). “§ 67-1-1437, or the other tax provisions cited above, have thus been restricted, especially considering that the Financial Records Privacy Act prohibits disclosure except as provided in T.”
State, Dep't of Com. & Ins. v. FirstTrust Money Servs., Inc., 931 S.W.2d 226 (Tenn. Ct. App. 1996). “T.C.A. § 45-10-106 (Supp.1995). The present case was brought pursuant to T.”
State of Tennessee v. Rickey Bradford (Tenn. Crim. App. 2014). “Further, the Act provides that “[a] financial institution shall not be required to produce financial records in response to a subpoena unless [t]he subpoena indicates that the requirements of § 45-10-106 have been met[.]” Id. at § 45-10-107(a)(1).”
Nationwide Investments, LLC v. Pinnacle Bank (Tenn. Ct. App. 2019). “-6- show that the subpoena represented on its face that it had been served as specified in Tennessee Code Annotated section 45-10-106, and no motion to quash was ever filed in the bankruptcy court within ten days of service.”
State of Tennessee v. James Michael Naive (Tenn. Crim. App. 2013). “” T.C.A. § 45-10-106. The terms of this statute, however, do not provide suppression as a penalty for non-compliance.”
Duvoisin v. First Tennessee Bank (In re S. Indus. Banking Corp.), 49 B.R. 760 (Bankr. E.D. Tenn. 1985). “—Except as provided in § 45-10-103, a financial institution may not disclose to any person, except to the customer or his agent, any financial records relating to that customer unless: (1) The customer has authorized disclosure to that person as provided in § 45-10-105, or (2)…”
— Tenn. Code Ann. § 45-10-106(1) — 1 case
State of Tennessee v. Rickey Bradford (Tenn. Crim. App. 2014). “Further, the Act provides that “[a] financial institution shall not be required to produce financial records in response to a subpoena unless [t]he subpoena indicates that the requirements of § 45-10-106 have been met[.]” Id. at § 45-10-107(a)(1).”
— Tenn. Code Ann. § 45-10-106(2) — 3 cases
State, Dep't of Revenue v. Moore, 722 S.W.2d 367 (Tenn. 1986). “§ 67-1-1437, or the other tax provisions cited above, have thus been restricted, especially considering that the Financial Records Privacy Act prohibits disclosure except as provided in T.”
State, Dep't of Com. & Ins. v. FirstTrust Money Servs., Inc., 931 S.W.2d 226 (Tenn. Ct. App. 1996). “T.C.A. § 45-10-106 (Supp.1995). The present case was brought pursuant to T.”
State of Tennessee v. Rickey Bradford (Tenn. Crim. App. 2014). “Further, the Act provides that “[a] financial institution shall not be required to produce financial records in response to a subpoena unless [t]he subpoena indicates that the requirements of § 45-10-106 have been met[.]” Id. at § 45-10-107(a)(1).”
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