# Tenn. Code Ann. § 8-25-110: Production of records described in subpoena > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-110 ## Section - **Citation:** Tenn. Code Ann. § 8-25-110 - **Heading:** Production of records described in subpoena - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 8 / Chapter 25 / Section 8-25-110 ## Text (a) Except as provided in subsection (e), when a subpoena duces tecum is served upon any person or entity administering or providing services to a deferred compensation plan established pursuant to this part in an action or proceeding in which the person or entity is not a party, and such subpoena requires the production of all or any part of the records of the deferred compensation plan relating to a present or former plan participant, it shall be sufficient compliance if the person or entity within fourteen (14) days after being served with a subpoena duces tecum, shall file with the court clerk or the issuer, either by personal delivery or certified or registered mail, a true and correct copy (which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or a facsimile, exemplification or copy of such reproduction or copy) of all records specifically described in such subpoena. (b) The records shall be accompanied by an affidavit of a custodian, stating in substance that: (1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and (2) The copy is a true copy of all the records described in the subpoena. (c) If the person or entity has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner prescribed in this section. (d) (1) The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit. (2) The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary. (3) When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made. (e) The personal attendance of the custodian may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of the information to be furnished. Where personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads: "The procedure authorized pursuant to § 8-25-110 will not be deemed sufficient compliance with this subpoena." Acts 2001, ch. 58, § 12. (a) Except as provided in subsection (e), when a subpoena duces tecum is served upon any person or entity administering or providing services to a deferred compensation plan established pursuant to this part in an action or proceeding in which the person or entity is not a party, and such subpoena requires the production of all or any part of the records of the deferred compensation plan relating to a present or former plan participant, it shall be sufficient compliance if the person or entity within fourteen (14) days after being served with a subpoena duces tecum, shall file with the court clerk or the issuer, either by personal delivery or certified or registered mail, a true and correct copy (which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or a facsimile, exemplification or copy of such reproduction or copy) of all records specifically described in such subpoena. (b) The records shall be accompanied by an affidavit of a custodian, stating in substance that: (1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and (2) The copy is a true copy of all the records described in the subpoena. (1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and (2) The copy is a true copy of all the records described in the subpoena. dian, stating in substance that: (1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and (2) The copy is a true copy of all the records described in the subpoena. (1) The affiant is the duly authorized custodian of the records and has authority to certify the records; and (2) The copy is a true copy of all the records described in the subpoena. (c) If the person or entity has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner prescribed in this section. (d) (1) The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit. (2) The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary. (3) When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made. (1) The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit. (2) The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of a preponderance of evidence to the contrary. (3) When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made. (e) The personal attendance of the custodian may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of the information to be furnished. Where personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads: "The procedure authorized pursuant to § 8-25-110 will not be deemed sufficient compliance with this subpoena." Acts 2001, ch. 58, § 12. ## Nearby sections - [Tenn. Code Ann. § 8-25-101 Title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-101.md) - [Tenn. Code Ann. § 8-25-102 Definition of employee](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-102.md) - [Tenn. Code Ann. § 8-25-103 Deferred compensation plans - Approval of plans - Approval of companies providing plans](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-103.md) - [Tenn. Code Ann. § 8-25-104 Responsibility for implementing programs - Payroll deductions - Billing and administration - Requiring participation](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-104.md) - [Tenn. Code Ann. § 8-25-105 Investment of funds from program](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-105.md) - [Tenn. Code Ann. § 8-25-106 Program supplemental](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-106.md) - [Tenn. Code Ann. § 8-25-107 Other benefits unaffected by deferral](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-107.md) - [Tenn. Code Ann. § 8-25-108 Federal income tax computation](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-108.md) - [Tenn. Code Ann. § 8-25-109 Confidentiality of records](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-109.md) - [Tenn. Code Ann. § 8-25-110 Production of records described in subpoena](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-110.md) - [Tenn. Code Ann. § 8-25-111 Election to become a participating employer in deferred compensation program - "Governmental entity" defined - Election of employer for matching of contributions - No increased cost to state](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-111.md) - [Tenn. Code Ann. § 8-25-112 Attorney for the chair of the Tennessee consolidated retirement system](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-112.md) - [Tenn. Code Ann. § 8-25-113 Authority of trustees of deferred or tax sheltered compensation plans to contract for investment management services, personal services, professional services and consultant services](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-113.md) - [Tenn. Code Ann. § 8-25-114 Plan required to honor claims under qualified domestic relations order](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C25_S8-25-110. Check the current official text before relying on it. Not legal advice.