A Texas Felony Subpoena is a court order that requires an individual or entity to appear in court or produce records related to a felony case. It is issued by a judge or court clerk and is served on the person or entity named in the subpoena. There are two types of Texas Felony Subpoenas: Grand Jury Subpoena and Witness Subpoena. A Grand Jury Subpoena is issued when a grand jury is being convened to investigate a felony case, and the individual or entity is required to appear in court and provide testimony or records. A Witness Subpoena is issued when a witness is needed to testify in court for a felony case, and the individual or entity is required to appear in court and provide testimony.
Texas Felony Subpoena
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Felony Subpoena
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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.
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.
Confirm agreements in writing. Agency attorneys may serve objections to both federal and state subpoenas. Objections are served on the issuing party, not filed with the court. The individual/entity subpoenaed is only required to comply with the subpoena to the extent it does not object.
(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.
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 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.
The Texas Rules of Civil Procedure Rule 176.7 and 192.6 provide that the subpoenaed party may try to defeat the subpoena based on the grounds that it requests information which is unduly burdensome or expensive, harassing, annoying, invasive or a protected right, or is privileged.
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.
