Texas Criminal Subpoena Request

State:
Texas
Control #:
TX-ELPS-31
Format:
PDF
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Description

Criminal Subpoena Request

A Texas Criminal Subpoena Request is a legal document used to obtain evidence in a criminal case. It is issued by a court of law and is addressed to a witness or other person who is required to provide testimony or documents related to a criminal investigation. It can be either a Grand Jury Subpoena, Request for Production of Documents, Request for Admissions, Request for Mental Health Records, or Request for Financial Information. The subpoena is served to the recipient, who must appear in court to provide the requested information. Failure to comply with the subpoena can result in serious legal consequences, including fines and/or jail time.

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FAQ

(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.

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.

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.

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 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.

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.?

Since a criminal subpoena is a court order, failing to comply can result in fines or time behind bars. In Texas, a judge has the discretion to fine a witness up to $500 in a felony case and $100 in a misdemeanor case for refusing to comply with a subpoena.

More info

The party requesting the subpoena is responsible for paying the witness fees. Questions about this subpoena must be directed to the person who requested it.If yes, are you asking to subpoena the victim of your crime? Subpoena to Produce Documents, Information, or Objects in a Criminal Case. Download Form (pdf, 1. Can I negotiate the scope of the documents requested in a Subpoena? The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court. (Criminal and traffic only). 1. Complete the subpoena form. 12. Print name of requesting party.

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Texas Criminal Subpoena Request