Texas Application for Criminal Subpoenas

State:
Texas
Control #:
TX-BLAN-ACS
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PDF
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Description

Application for Criminal Subpoenas

Texas Application for Criminal Subpoenas is a form used by law enforcement personnel to obtain documents or testimony from individuals in criminal cases. It is used to compel a witness or party to produce documents or testify in a criminal court proceeding. The form is issued by the judge and signed by the clerk of the court. There are two types of Texas Application for Criminal Subpoenas: a subpoena duces tecum and a subpoena ad testificandum. A subpoena duces tecum requires the witness or party to produce certain documents, such as financial records or an item of evidence. A subpoena ad testificandum requires the witness to appear before the court and provide testimony. Both types of subpoenas are issued by a court of competent jurisdiction in Texas.

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FAQ

A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. 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 of record.

The 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 to the case and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness.

Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.

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 valid subpoena must be served on the recipient by delivering them a copy. Delivery can be made by any person who is not a party to the case and who is at least 18 years old. Delivery is often done by a sheriff or constable, but this is not required.

Upon the subpoenaed witness's appearance at the hearing, the party that issued the subpoena shall tender a witness fee check or money order in the amount of $10 to the witness.

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

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.

First, check the district or county clerk's website in the Texas county where your case is pending. Many counties will have their own forms online. You can find a list of all Texas County websites here. Look for the terms ?subpoena request form,? ?application for subpoena,? or ?request for issuance of subpoena.?

More info

DATE OF REQUEST: SIGNATURE: You must also complete the attached SUBPOENA and submit with this application. Be sure to print legibly in ink or type.If yes, are you asking to subpoena the victim of your crime? Subpoena Duces Tecum: This court request is for production, such as producing materials, documents, and tangible evidence in a pending case. Complete the Application and the Subpoena Duces. Ask the lawyer who subpoenaed you if you are eligible to apply for witness expense assistance. Complete this section with the service of the subpoena completed. (Criminal and traffic only). Applicant prays that the said subpoena(s) be made returnable on the ______ day of. To receive payment as a witness for the Defendant, you must complete the following certificate and give this subpoena to the defendant's attorney.

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Texas Application for Criminal Subpoenas