Texas Request For Civil Subpoena
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How to fill out Texas Request For Civil Subpoena?
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FAQ
176.7 Protection of Person from Undue Burden and Expense. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance, protection from disclosure of privileged material or information, and protection from undue burden or expense.
Rule 176.3(b) prohibits the use of a subpoena to circumvent the discovery rules. Thus, for example, a deposition subpoena to a party is subject to the procedures of Rules 196, 199, and 200, and a deposition subpoena to a nonparty is subject to the procedures of Rule 205.
Confirm agreements in writing. Agency attorneys may serve objections to both federal and state subpoenas. Objections are served on the issuing party, not filed with the court. The individual/entity subpoenaed is only required to comply with the subpoena to the extent it does not object.
A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law.
(a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both.
A subpoena must be served by delivering a copy to the witness. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness's attorney.
At minimum, the subpoena is required to state: That the subpoena is issued in the name of The State of Texas. The style of the lawsuit.The cause number. The court in which the lawsuit is pending. A place where the court can fill in the date the subpoena was issued. The person to whom the subpoena is directed.