A subpoena duces tecum, commonly known as a subpoena for production of documents, is a legal document issued by a court that compels an individual or entity to produce specific documents or evidence for use in a legal proceeding. In Texas, there are various situations where a subpoena duces tecum may be utilized, and each case will typically specify the specific documents or materials required. One example of a subpoena duces tecum in Texas can be in a civil lawsuit where one party seeks to obtain financial records, medical records, or any other relevant documents or evidence to support their claim or defense. This may include bank statements, tax returns, employment records, contracts, emails, text messages, or any other relevant documentation that is essential to the case. Another common example is when a law enforcement agency or a prosecutor issues a subpoena duces tecum to gather evidence in a criminal investigation or trial. This could involve seeking phone records, social media posts, surveillance footage, DNA test results, or any other pieces of evidence that could be crucial to establishing the guilt or innocence of the accused. Furthermore, a subpoena duces tecum may also be used in administrative hearings and regulatory proceedings. For instance, a government agency may request relevant records or documents from businesses to ensure compliance with specific regulations or to investigate potential violations. In Texas, the process for issuing a subpoena duces tecum typically involves filing a motion with the court, providing a detailed description of the documents or evidence sought, and serving the subpoena on the individual or entity in possession of the requested materials. The recipient of the subpoena is legally obligated to produce the specified documents within the given time frame or seek proper legal remedies such as filing a motion to quash or modify the subpoena. Overall, a subpoena duces tecum serves as a powerful tool in the legal system to gather evidence and documentation crucial for a fair and just resolution of a case. It is vital to understand the specific requirements, procedures, and legal implications when dealing with subpoenas in Texas, as they play a significant role in the pursuit of justice in both civil and criminal matters.
Subpoena Duces Tecum Example For Texas
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(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. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law.
For example, if you are being investigated for a federal crime and investigators believe there is evidence on your computer, they may serve you with a subpoena duces tecum ordering you to produce the computer for inspection.
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;
A subpoena could also command a person or entity to produce documents or other items at a required time and place. When a subpoena asks for documents or other items, the subpoena is called a ?subpoena duces tecum.? A subpoena can also command someone to both testify and produce documents or items.
A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or by 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.