1395-01-06-.04
Civil Actions
Cite as Tenn. Comp. R. & Regs. 1395-01-06-.04
(1)
The bureau’s records, employees, and property shall not be made available unless legal process
conforms to the requirements of this rule.
(2)
Other than the general counsel, no bureau employee or former employee is authorized to accept
service of legal process for any attempt to reach the bureau’s records, employees, or property. The
general counsel may be served in person or by facsimile transmission as follows:
General Counsel
Tennessee Bureau of Investigation
901 R.S. Gass Boulevard
Nashville, TN 37216-2639
Voice:
615.744.4000
Fax:
615.744.4500
(3)
The bureau shall have at least 20 days within which to comply.
(4)
The legal process must describe with reasonable particularity the matters upon which examination or
document production is requested. Records are maintained by two different custodians, one for the
FSD and another for the CID and DID.
(5)
In addition, the general counsel may require a written statement setting forth a summary of the
testimony, documents, material or information sought and their relevance to the civil action. Any
authorization for production or testimony may be limited to the scope of the written statement.
(6)
The general counsel may authorize the appropriate custodian to make production or may authorize
the appropriate employee or former employee to give testimony. Due to resource limitations, an
employee will not be authorized to testify for in excess of four hours plus travel time without the
express consent of the general counsel. The deposition of designated custodians shall take place at
the office of the custodian.
(7)
The bureau may object in whole or in part to the legal process by raising objections in accordance
with the law. Foremost, investigative records are confidential and will not be released absent entry of
a protective order limiting their use. The following additional objections are typically made:
(a)
relevance;
(b)
privilege;
(c)
confidentiality; and
(d)
whether the bureau should be protected from “annoyance, embarrassment, oppression or undue
burden or expense” or “unreasonable or oppressive” legal process.