(a) Where the personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads:

“The procedure authorized pursuant to § 68-11-402 will not be deemed sufficient compliance with this subpoena.”

Terms Used In Tennessee Code 68-11-407

  • Custodian: means and includes the medical record practitioner and the administrator or other chief officer of a duly licensed hospital in this state and its proprietor, the appropriately designated person of a community mental health center, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records. See Tennessee Code 68-11-401
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • records: includes those records identified in §. See Tennessee Code 68-11-401
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
(b) Where both the personal attendance of the custodian and the production of the original record are required, the subpoena duces tecum shall contain a clause that reads:

“Original records are required, and the procedure authorized pursuant to § 68-11-402 will not be deemed sufficient compliance with this subpoena.”

(c) Where the personal attendance of the custodian is required, the reasonable cost of producing the records shall be taxed as costs of court.
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