Tennessee Code Title 8. Public Officers and Employees § 8-34-210

(a) Except as otherwise provided in this section, when a subpoena duces tecum is served upon any employee of the retirement system in an action or proceeding in which the retirement system is not a party, and such subpoena requires the production of all or any part of the records of the retirement system relating to any member, prior member or retiree of the retirement system, it is sufficient compliance therewith if the employee 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, certified or registered mail, or electronic transmission, a true and correct copy, which may be a copy reproduced on film or other reproducing material by microfilming, photographing, 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 must be accompanied by an affidavit, or declaration as permitted under the Tennessee Rules of Civil Procedure, of a custodian stating in substance that:

(c) If the retirement system has none of the records described, or only part thereof, the custodian shall so state in the affidavit or declaration and file the affidavit or declaration and such records as are available in the manner prescribed in this section.

(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 information furnished by the retirement system.  Where personal attendance of the custodian is required, the subpoena duces tecum must contain a clause that reads:  “The procedure authorized pursuant to § 8-34-210 will not be deemed sufficient compliance with this subpoena.”