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

“The procedure authorized pursuant to the Financial Records Privacy Act §§ 45-10-110 – 45-10-113 will not be deemed sufficient compliance with this subpoena.”

Terms Used In Tennessee Code 45-10-115

  • 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
  • Immediate custodian: means the person preparing, preserving, using, supervising the using or preparation of the financial records, and also includes any person to whom the person reports who is familiar with the preparation, use and maintenance of the records. See Tennessee Code 45-10-102
  • 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: 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.
(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 the Financial Records Privacy Act §§ 45-10-110 – 45-10-113 will not be deemed sufficient compliance with this subpoena.”

(c) Where the personal attendance of the custodian is required, the immediate custodian or immediate custodians of the records required shall appear, and the custodian or custodians shall be compensated as witnesses, in addition to the reasonable cost of producing the records being taxed as costs of court.
  Previous section
Next section  
 Chapter 10 Contents