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Lucy, Esq.
Lucy, Esq., Attorney
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In Tennessee, What information am I entitled to without a

Customer Question

In Tennessee, What information am I entitled to without a subpoena? (for a criminal case that happened on my property. I was not actually involved in the case) Witness statements? Case notes? Testimony? I am being sued and want to look it over while i
seek counsel. xxxxxx
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.
Hi,
I'm Lucy, and I'd be happy to answer your questions today.
The Rules of Discovery basically say that a person is entitled to ask for any non-privileged information that might have any tendency in reason to prove or disprove a disputed fact - you're entitled to everything. But what you can get without a subpoena depends on who has the information you want.
You can send a Request for Production of Documents to see any and all information the other parties have, including any witness statements, police reports, testimony transcripts they have, and things like that. If they don't have those things, you should be able to get a copy of the police report from the local police.
Because criminal court proceedings are public record, you can order a copy of the transcripts from the court. The primary reason to ask the other party for it instead is that you have to pay the court reporter's fees if you get it directly from them (and getting it faster costs more). But you may have to do that if the other party doesn't have the testimony.
If you know who the witnesses are, you are free to contact them to get statements on your own or review any statements you can find that they have already made. To force them to talk to you, you'd need a court order or subpoena.
Case notes made by a lawyer about strategy or evidence are privileged and are not something you'd be able to get even with a subpoena.
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