Thursday, April 3, 2014

Exempt From Subpoena

I practice in both Tennessee and Mississippi.  The two end up overlapping a lot.  One issue is Mississippi residents routinely getting medical treatment in Tennessee.  There are many people who under Tennessee law are exempt from subpoenas except for deposition purposes.  This makes them "unavailable" under the Rule of Evidence in my opinion and makes their deposition with the opposing party having a chance to be participate admissions for evidentiary purposes.  T.C.A. Section 24-9-101(a) exempts the following from subpoenas to trial although they are still subject to subpoena for depositions:
  •  An officer of the United States;
  • An officer of Tennessee;
  • An officer of any Tennessee court or municipality;
  • The clerk of any court of record other than that in which the suit is pending;
  • A member of the Tennessee general assembly while in session, or clerk or officer thereof;
  • A practicing physician, physician assistant, advanced practice nurse, psychologist, senior psychological examiner, chiropractor, dentist or attorney;
  • A jailer or keeper of a public prison in any county other than that in which the suit is pending; and
  •  A custodian of medical records, if such custodian files a copy of the applicable records and an affidavit with the court and follows the procedures provided for producing records as required by law.
  • Recently also added nurse practitioners to the list. 

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