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Texas Subpoena to Testify at a Deposition in a Criminal Case

State:
Texas
Control #:
TX-ED-AO-90
Format:
PDF
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Description

Subpoena to Testify at a Deposition

A Texas Subpoena to Testify at a Deposition in a Criminal Case is a court order requiring a witness to appear and testify at a deposition in a criminal case. This type of subpoena is issued by the court and delivered to the witness by a law enforcement officer. Depending on the jurisdiction, the subpoena may be issued by a District Attorney, a grand jury, or the court itself. The Texas Subpoena to Testify at a Deposition in a Criminal Case may be issued for either a defendant or a witness, and requires the recipient to appear at the deposition and answer questions. This type of subpoena is often used in cases involving serious felonies, such as murder or drug trafficking. There are two types of Texas Subpoena to Testify at a Deposition in a Criminal Case: a subpoena duces tecum, which requires the witness to bring specific documents or records to the deposition, and a subpoena ad testificandum, which requires the witness to appear and answer questions. Both types of subpoenas are legally binding and must be complied with or the recipient may face criminal charges.

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FAQ

A subpoena is a legal document that ?orders? someone to appear either at a court, or in this case, a deposition. A deposition is essentially an interview between the opposing side's lawyer and yourself.

Subpoena Duces Tecum Details Slightly different from a standard subpoena, the Duces Tecum subpoena doesn't require any oral testimony or deposition at trial. Instead, it requires the named party to produce the necessary evidence or documents to an attorney or the courthouse before proceedings begin.

A Deposition Subpoena is a court order requiring a person who is not a party to a lawsuit to provide copies of business records and/or appear at a deposition to answer questions asked by one party in a lawsuit.

The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.

A deposition subpoena differs from a subpoena duces tecum in that production of and testimony regarding the records revolve around the informal discovery process before trial, rather than around a court hearing as is the case for a subpoena duces tecum.

Article 39.14 of the Texas criminal code permits the inspection and copying of certain material evidence in the possession of either the State or any of its agencieswhen and if the court grants the defendant's motion alleging good cause for discovery.

Orders a person who is not a party to a case to appear and testify at a deposition (give testimony outside of the court).

Section 39.15 - Discovery of Evidence Depicting or Describing Abuse of or Sexual Conduct By Child or Minor (a) In the manner provided by this article, a court shall allow discovery under Article 39.14 of property or material: (1) that constitutes child ography, as described by Section 43.26(a)(1), Penal Code; (2)

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Texas Subpoena to Testify at a Deposition in a Criminal Case