Tennessee Code 45-10-110 – Compliance with subpoena duces tecum
Terms Used In Tennessee Code 45-10-110
- Custodian: means either the "immediate custodian" or any person to whom the "immediate custodian" reports, the auditor or any other person designated by a corporation's board of directors to respond to a subpoena issued pursuant to this chapter. See Tennessee Code 45-10-102
- Customer: means a depositor, borrower, member, lessee, other person, or the personal or legal representative or estate thereof, who has, has had, or has contemplated a relationship with the financial institution that caused the financial institution to create, obtain, preserve or maintain financial records pertaining to the person or the person's affairs. See Tennessee Code 45-10-102
- Financial institution: means a bank, savings and loan association, industrial loan and thrift company, credit union, mortgage broker, mortgage banker, or leasing company accepting deposits, making or arranging loans and making or arranging leases. See Tennessee Code 45-10-102
- Issuer: means any person that causes to be issued a subpoena for the production of records. See Tennessee Code 45-10-102
- records: means any original document, any copy of an original document, or any information contained in the document, other than a customer's name, address, and account number, held by or in the custody of a financial institution, where the document, copy or information is identifiable as pertaining to one (1) or more customers of the institution. See Tennessee Code 45-10-102
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena: means any writ, order, or other writing directed to a financial institution, or an officer thereof, and requiring the production of a financial record or records. See Tennessee Code 45-10-102
- Subpoena duces tecum: A command to a witness to produce documents.
Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any financial institution in an action or proceeding in which the financial institution is not a party, and the subpoena requires the production of all or any part of the records of the financial institution relating to any customer of the financial institution, it shall be sufficient compliance with the subpoena if the custodian within fourteen (14) days after being served with a subpoena duces tecum, files with the court clerk or the issuer, either by personal delivery or certified or registered mail, a true and correct copy, which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or a facsimile, exemplification or copy of the reproduction or copy of all records specifically described in the subpoena.