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THE STATE OF TEXAS WITNESS SUBPOENA/SUBPOENA DUCES TECUM PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 176 CAUSE NO. IN THE JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS vs. Plaintiff.
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Burgess FAQ
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Who can issue a subpoena in Texas? In Texas State Court Cases, a Subpoena in Texas court (any type listed above) can be issued by the Court, by a Notary Public, or by the Attorney for the party issuing the legal document.
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How do I request a subpoena? To file a subpoena request, you must log in at .hcdistrictclerk.com with your user name and password. Once you have logged in, click on the e-Subpoena icon on the home page. Once on the e-Subpoena filing page, you will begin completing the subpoena request.
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24.02. SUBPOENA DUCES TECUM. If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court.
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CIV. P. 45(a)(2)(B). A subpoena duces tecum (not accompanying a subpoena for attendance) must be issued from the court where the production, inspection, copying, testing or sampling of documents or electronically stored information will be made.
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Are there fees to request a subpoena? Yes. The party who requests the subpoena must pay the witness fee of $10. If you request a subpoena duces tecum, the fee is $11.
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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.
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In Texas, a notary has the authority to issue a subpoena for a written deposition. Some important things to remember when taking depositions: We recommend exercising extreme caution when performing this notarial act. Contact the Office of the Secretary of State if you require any assistance.
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Unless you are an attorney or officer of the court, you cannot subpoena someone on your own. You will need the court's permission. If an attorney does not represent you, you must request that the court or court clerk issue the subpoena.
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