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A subpoena may be issued by the clerk of the justice court or an attorney authorized to practice in the State of Texas, as an officer of the court.
Can I subpoena someone on my own, as a self-represented litigant? No. Unless you are an attorney or officer of the court, you cannot subpoena someone on your own. You will need the court's permission.
(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.
In Texas civil cases, you have the right to represent yourself. See Texas Rules of Civil Procedure 7 and 120. But you should at least talk to a lawyer before representing yourself.
176.5 Service. (a) Manner of service. 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.
Pro se actually means ?for himself,? and in legal terms it means a person represents himself/herself in court when either filing an action or responding to an action without the assistance of an attorney. Pro se litigants are held to the same standard as attorneys.
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.
A Department of Justice study found that pro se litigants in immigration appeals were successful 10% of the time, compared to a 40% success rate for those represented by pro bono attorneys (often students supervised by law professors).