TCA 40-17-107
Issuance of subpoenas by clerk
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What does this charge mean?
This statute requires court clerks to issue subpoenas (official orders commanding people to appear as witnesses) in criminal cases whenever the district attorney or defendant requests them. The clerk must automatically issue subpoenas for witnesses the district attorney marks on the indictment (formal charge document) without needing to be asked. The clerk can only issue subpoenas for the state's witnesses if the district attorney specifically requests them in writing.
Penalty Details
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(a) The clerk of the court in which a criminal cause is pending shall issue subpoenas, at any time, to any part of the state, for witnesses as either the district attorney general or the defendant may require. Ask a legal question, get an answer ASAP!(b) The clerk shall also issue a subpoena, without any application, for witnesses whose names are marked as witnesses by the district attorney general upon the indictment. (c) The clerk shall issue no subpoena for a witness, on behalf of the state, except witnesses as are so marked or subsequently directed by the district attorney general, in writing, to be summoned. (d) This section shall govern when a clerk is required to issue a subpoena in a criminal case in general sessions court. If any local rule of court conflicts with this section, this section shall prevail and the clerk shall issue subpoenas in accordance with this section.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
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TCA Section40-17-107