Texas Application for Subpoena - Criminal

State:
Texas
Control #:
TX-FB-30
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PDF
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Description

Application for Subpoena - Criminal

Texas Application for Subpoena — Criminal is a legal document used to request evidence or testimony in a criminal matter. The request must be approved by a judge before it can proceed. There are two types of Texas Application for Subpoena — Criminal: a civil subpoena and a criminal subpoena. A civil subpoena is used for civil cases, such as requesting documents or witness testimony in a civil lawsuit. A criminal subpoena is used to obtain evidence, such as physical evidence or testimony, in a criminal case. Both types of subpoenas must be signed by a judge in order to be valid.

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FAQ

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.

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.?

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.

If you are unwilling to testify before the grand jury for any reason, you may hire an attorney to challenge the subpoena. The attorney will file a motion to quash the subpoena. The judge will then hear reasons why the subpoena should be quashed. One reason that a subpoena may be quashed is that it is overly broad.

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.

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.

More info

Subpoena to Produce Documents, Information, or Objects in a Criminal Case. Download Form (pdf, 1.SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR. OBJECTS IN A CRIMINAL CASE. To:. If yes, are you asking to subpoena the victim of your crime? The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court. Fill out and file a Request to Quash the Subpoena. (Criminal and traffic only). You can apply online for Form 21Subpoena to attend court applications only. NOTE: If you are representing yourself in a criminal case and want a subpoena, you should talk with a lawyer. How do you get a subpoena?

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Texas Application for Subpoena - Criminal