A Texas Subpoena to Testify Before Grand Jury is a legal document that orders a person to appear before a grand jury and give testimony relevant to a case. It is issued by a court (usually a state district court) and requires the recipient to appear before the grand jury at a specific time and location. In Texas, there are two main types of subpoenas that can be issued to compel someone to testify before a grand jury: a civil subpoena and a criminal subpoena. A civil subpoena is issued by a court in a civil lawsuit and requires the recipient to appear before the grand jury and provide testimony relevant to the case. This type of subpoena is typically issued when the plaintiff or defendant in a civil case needs to provide testimony to the grand jury. A criminal subpoena is issued by a court when there is a criminal investigation or prosecution. This type of subpoena requires the recipient to appear before the grand jury and provide testimony relevant to the investigation or prosecution. This type of subpoena can be used to compel a witness to testify about events that he/she observed or to produce documents that are relevant to the case. In both civil and criminal cases, a person who fails to appear in response to a Texas Subpoena to Testify Before Grand Jury can be subject to penalties, including fines and/or jail time.
Texas Subpoena to Testify Before Grand Jury
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FAQ
At minimum, the subpoena is required to state: That the subpoena is issued in the name of The State of Texas. The style of the lawsuit.The cause number. The court in which the lawsuit is pending. A place where the court can fill in the date the subpoena was issued. The person to whom the subpoena is directed.
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.
A subpoena must command the person to whom it is directed to do either or both of the following: (a) attend and give testimony at a deposition, hearing, or trial; (b) produce and permit inspection and copying of designated documents or tangible things in the possession, custody, or control of that person.
Rule 500.8 - Subpoenas (a)Use. A subpoena may be used by a party or the judge to command a person or entity to attend and give testimony at a hearing or trial. A person may not be required by subpoena to appear in a county that is more than 150 miles from where the person resides or is served.
Can I plead the Fifth if subpoenaed to testify or produce documents to a congressional committee? Yes. The Supreme Court has held that the Fifth Amendment right against self-incrimination is available to recipients of congressional subpoenas.
If you are a defendant in a criminal case, you can't be forced to testify at trial. In addition, if you choose not to testify, no one can make you become a witness against yourself. Also, if you choose not to take the stand, the jury can't take this into account when deciding the outcome of your case.