A Texas Subpoena to Testify at a Hearing or Trial in a Criminal Case is a legal document issued by the court in Texas that requires a person to appear at a specific time and location to provide testimony in a criminal case. It is used to require a witness to appear in court and testify in a criminal trial or hearing. Depending on the case, the witness may be required to bring documents, photographs, or other physical evidence to the court. There are two types of Texas Subpoena to Testify at a Hearing or Trial in a Criminal Case: a subpoena duces tecum and a subpoena ad testificandum. A subpoena duces tecum requires a witness to bring documents, photographs, or other physical evidence to the court. A subpoena ad testificandum requires the witness to appear in court and testify. The recipient of a Texas Subpoena to Testify at a Hearing or Trial in a Criminal Case may be required to respond to the subpoena within a certain period of time, typically 10 to 21 days. It is important for the recipient to fill out the subpoena and comply with its instructions. Failure to do so may result in a fine or the witness being held in contempt of court.
Texas Subpoena to Testify at a Hearing or Trial in a Criminal Case
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FAQ
(b) A subpoena must be served at least five days before the hearing.
A trial subpoena compels you to appear at a trial or hearing. The subpoena must include basic information surround- ing the case, including the name of the case, the cause number, the summoning court, and the date they are summoned to appear.
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.
Rule 500.8 - Subpoenas (a)Use. A subpoena may be used by a party or the judge to command a person or entity to attend and give testimony at a hearing or trial. A person may not be required by subpoena to appear in a county that is more than 150 miles from where the person resides or is served.
(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.
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.
A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.
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.