Can a Potential Witness Be Questioned by the Defense Before Being Subpoenaed

[vwgrl]

My question involves court procedures for the state of: Tennessee

There is lawsuit that has been filed between members of a PLLC. The plaintiff is alleging breach of fudiciary duty by the defendant. Can the defendant's lawyers question potential witnesses to see if they have relevant testimony before they subpoena them or even name them in discovery? (the witness in question was the mistress of the plaintiff at the time the breach was alleged and has been sent a letter by the defendant's lawyers asking to speak with them about any knowledge of the facts) Is this legal?

[cmre3456]

Tennessee Rules of Civil Procedure: Read here

§ 45.04. Subpoena for Taking Depositions – Place of Deposition.

A subpoena for taking depositions may be issued by the clerk of the court in which the action is pending. If the subpoena commands the person to whom it is directed to produce designated books, papers, documents, or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 26.02, the subpoena will be subject to the provisions of Rules 30.02, 37.02 and 45.02.
A resident of the state may be required to give a deposition only in the county wherein the person resides or is employed or transacts his or her business in person, or at such other convenient place as is fixed by an order of the court. [As amended by order entered January 26, 1999, effective July 1, 1999.]

[vwgrl]

Thanks for the reply. However, is it legal for the lawyers to ask her to talk to them BEFORE she is subpoenaed? She has not been served, they just sent a letter by certified mail asking her to talk to them about any knowledge she has. I assume they don't want to subpoena her if she knows nothing- OR it's a scare tactic. But is that legal?

[tex11]

It is legal. Although she can simply ignore it and wait until she is served with a subpoena. Which they may be planning to do anyway.