Tennessee Small Claims Subpoena: How to Get Witnesses and Documents for Court

If a key witness will not come to your General Sessions hearing voluntarily — or you need a business to produce records — a subpoena compels them to appear or hand over documents. Tennessee courts issue subpoenas routinely, and you do not need an attorney to request one.

Two Types of Subpoenas

Subpoena ad testificandum — orders a person to appear in court and testify. Use this when you need a witness who saw the damage, overheard the agreement, or has firsthand knowledge of the facts.

Subpoena duces tecum — orders a person or business to produce specific documents or records. Use this when you need bank records, phone records, repair invoices, contracts, or other paperwork that a third party holds.

You can combine both in a single subpoena: order the person to appear and bring the documents.

How to Get a Subpoena Issued

Go to the General Sessions Court Clerk's office in the county where your case is filed. The clerk issues the subpoena based on your request. You need to provide:

• The name of the person being subpoenaed
• Their physical address for service
• The hearing date and courtroom (from your Civil Warrant)
• A description of the documents to be produced (for subpoena duces tecum — be specific about what records you want and the time period they cover)

The clerk charges an issuance fee. In Davidson County, the researched clerk fee is $10.

Serving the Subpoena

A subpoena is only enforceable if it is properly served. You have two options:

Sheriff service — the standard method. In Davidson County, the researched sheriff fee is $52, bringing the total to $62 per subpoena. Check the local fee schedule in other counties.

Private process server — you pay the server's own fee in addition to the clerk's issuance fee. Confirm the amount directly with the server.

T.C.A. § 16-15-708 does not set a fixed minimum number of days for service before the hearing. Check local rules and request the subpoena early enough for the witness to receive notice and the server to complete service.

What If the Witness Ignores the Subpoena

A person who, without cause, refuses to appear, testify, or produce evidence after being duly subpoenaed shall be committed to jail without bail until willing to comply, under T.C.A. § 16-15-708.

If the witness was not duly subpoenaed — for example, the server returned the subpoena "not found" or service was never arranged — the refusal-to-comply procedure in § 16-15-708 does not apply.

When You Need a Subpoena

Not every case requires one. If your evidence consists of contracts, invoices, photos, and text messages that you already have, you do not need a subpoena — just bring three organized copies to court.

Subpoenas are most useful when:

• A witness saw the relevant events but will not voluntarily come to court (a neighbor who saw the contractor abandon the job, an employee who witnessed the transaction)
• A business holds records you need — bank transaction records, phone company call logs, repair shop invoices, property management records
• The defendant's own records would prove your case — though in General Sessions, the defendant is already required to appear and can be questioned directly

Cost Summary

If you need multiple subpoenas, each one carries its own issuance and service fees. Factor this into your budget when preparing for the hearing.

For the complete Tennessee filing and hearing preparation process — including when subpoenas fit into the timeline — see our Tennessee Small Claims Filing Guide.

See more Tennessee guides →