Austin Texas Subpoena in a Criminal Case

State:
Texas
City:
Austin
Control #:
TX-AO-89-ND
Format:
PDF
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Description

This is a form addressing a procedural aspect of a federal court case. Note the district in which this form is for use.

A subpoena is a legal document issued by the court that compels an individual or organization to provide specific evidence or testimony in a criminal case. In Austin, Texas, a subpoena in a criminal case follows the same principles as in any other jurisdiction in the United States. It is a means for the prosecution or defense to gather evidence, establish facts, and ensure a fair trial. There are various types of subpoenas that can be issued in a criminal case in Austin, Texas. One type is a subpoena duces tecum, which requires the recipient to produce specific documents, records, or physical evidence. This type of subpoena is often used to obtain essential evidence such as financial records, medical records, or surveillance footage. Another type is a subpoena ad testificandum, which compels an individual to appear in court and provide testimony. Witnesses, both expert and laypersons, may be issued this type of subpoena to provide information that is critical to the case. The testimony of witnesses can help establish the defendant's guilt or innocence, corroborate or refute existing evidence, or provide important contextual information. In addition to these types, Austin, Texas may also issue a subpoena duces tecum and ad testificandum combined. This type of subpoena requires the recipient to both appear in court and bring specific documents or evidence for examination. It's important to note that subpoenas are issued by the court upon request by either the prosecutor or defense attorney. They must be properly served to the recipient, indicating the specific information required or the manner of testimony. Failure to comply with a subpoena can lead to legal penalties, including fines or even arrest. In Austin, Texas, as with any criminal case, subpoenas play a crucial role in gathering evidence and ensuring a fair trial. They serve as a legal mechanism that allows both the prosecution and the defense to gather necessary information to present their case effectively. By issuing different types of subpoenas like the subpoena duces tecum, subpoena ad testificandum, or combined subpoenas, the court ensures that the parties involved have access to relevant evidence and testimony needed to pursue justice.

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FAQ

The subpoena must be served 10 days after notice. (TRCP 205.2).

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.

If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.

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.

Document Preparation Subpoenas$25.00Motion for Substitute Service 106/536Includes preparation, filing with court, and mailing by first class mail (if required by court)$35.00Service By First Class as Per 106 OrderCharged if PCP does not file and retrieve the signed 106 order$15.002 more rows

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.

(b) A subpoena must be served at least five days before the hearing.

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Statement of Inability - Fill out this form if you are unable to afford the filing or service fees, other court fees, or an appeal bond. Criminal Post Trial Services.ABOUT US. Dallas County is a county located in the U.S. state of Texas. As of the 2010 census, the population was 2,368,139. Nathan Hecht, Chief Justice, Supreme Court of Texas. Let the team of experts at The Legal Connection complete the job of serving your trial or deposition Subpoenas, State Citations and Federal Summons. The forms below may be printed out and used for requests through eFile Texas. A criminal action is prosecuted in the name of the State of Texas against the accused. How is a case processed in the District Attorney's Office? ABOUT US. Dallas County is a county located in the U.S. state of Texas.

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Austin Texas Subpoena in a Criminal Case