Texas Subpoena in a Criminal Case

State:
Texas
Control #:
TX-AO-89-ND
Format:
PDF
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Description

This is a form addressing a procedural aspect of a federal court case. Note the district in which this form is for use.

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FAQ

No. Without an active case a subpoena will not be issued by the court. A subpoena is an exercise of the court's authority and without a case the court has no authority. Law enforcement can get a warrant upon probable cause, but not a private...

It could be an order to appear in court to testify, to produce documents required by the court in a specific case, or to agree to a property inspection. If you ignore a subpoena, it can carry severe penalties, including a fine or jail time.

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.

Federal Judicial Subpoenas Under Rule 45 of the Federal Rules of Civil Procedure (FRCP), in-person service is required in most cases. Specifically, section (b)(1) of FRCP 45 states: Any person who is at least 18 years old and not a party may serve a subpoena.

Every subpoena must: (1) be issued in the name of the State of Texas; (2) state the style of the suit and its cause number; (3) state the court in which the suit is pending; (4) state the date on which the subpoena is issued; (5) identify the person to whom the subpoena is directed; (6) state the time, place, and

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Texas Subpoena in a Criminal Case