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Tennessee AO-89 Subpoena in a Criminal Case - Federal District Court Official Form
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FAQ
Grand juries issue subpoenas to obtain evidence or testimony that will assist them with their investigations. Unlike other subpoenas, a grand jury subpoena is served in secret. Because grand jury subpoenas are presented by prosecutors in a criminal investigation, recipients cannot refuse to comply.
The person who is going to serve the Subpoena must: 1) Find the person to be served. 2) Show that person the original Subpoena. 3) Give that person a copy of the Subpoena. 4) Fill out the Affidavit of Service on back of the original.
In Tennessee, the out-of-state attorney will submit the out-of-state subpoena to the clerk of court ?in the county in which discovery is sought to be conducted[.]?3 Then, the clerk ?shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.?4 The subpoena will incorporate the ...
For example, an attorney representing a spouse in a child custody hearing might issue a subpoena to the other spouse to appear in court to determine joint custody arrangements. Other examples of subpoenas may include requests for: Blood test information.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
A subpoena may be served by any person authorized to serve process or the witness may acknowledge service in writing on the subpoena. Service of the subpoena shall be made by delivering or offering to deliver a copy to the person to whom it is directed in ance with this or any local rule.
Proof may be shown by return or certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail or statutory overnight delivery, and the return receipt shall constitute prima-facie proof of service. Service upon a party may be made by serving his or her counsel of record.
The subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party to the case and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness.