Subpoena of Witnesses

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Habeas Corpus
  5. Subpoena of Witnesses

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  1. Subpoena for witnesses in all proceedings under this chapter may be issued by the court or judge granting the writ, or before whom the same is returnable, or by any general sessions judge.
  2. Witnesses thus summoned are subject to the same penalties and entitled to the same privileges and fees as other witnesses.
  3. Upon failure of the witness to attend, the fact shall be noted by the officer before whom the subpoena is returned, on the back thereof, and transmitted to the clerk of the circuit court of the county, who shall issue scire facias, as in other cases.

Code 1858, §§ 3756-3758 (deriv. Acts 1823, ch. 15, §§ 1, 2); Shan., §§ 5536-5538; Code 1932, §§ 9706-9708; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1829.

Cross-References. Federal prisoner as witness in state criminal proceedings, §40-17-212.

Prisoner as witness in criminal proceedings outside state in which incarcerated, §40-17-211.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 23.10.

Law Reviews.

Appellate and Post-Conviction Relief in Tennessee (Ronald W. Eades), 5 Mem. St. U.L. Rev. 1.


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