Changes to Rule 45 of the Tennessee Rules of Civil Procedure
Effective July 1, 2005, it is now possible to subpoena documentary evidence without requiring the custodian of records to appear at a deposition. The amendment does require serving notice of the subpoena on all parties. The amendment also requires the custodian to swear or affirm as to whether all responsive documents are being produced and to the authenticity of the documents produced. Documents are to be made available to all parties. Visit the Administrative Office of the Courts website for the language of the amendment and the comments.
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