A Texas Subpoena — Criminal is a legal document issued by a court in the state of Texas to compel a witness to appear in court or to produce documents or other evidence in a criminal case. There are two types of Texas Subpoena — Criminal: SubpoenDuckseCecumum, which requires the recipient to produce documents, and Subpoena Ad Testificandum, which requires the recipient to appear in court and provide testimony. The subpoena must include the name and address of the person to whom the subpoena is directed, the name of the court, the case number, the date and time the recipient must appear in court, and any relevant documents the witness is required to produce.
Texas Subpoena - Criminal
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Subpoena - Criminal
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Rule 176.3(b) prohibits the use of a subpoena to circumvent the discovery rules. Thus, for example, a deposition subpoena to a party is subject to the procedures of Rules 196, 199, and 200, and a deposition subpoena to a nonparty is subject to the procedures of Rule 205.
The 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 to the case and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness.
A subpoena must be served by delivering a copy to the witness. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness's attorney.
The Texas Rules of Civil Procedure Rule 176.7 and 192.6 provide that the subpoenaed party may try to defeat the subpoena based on the grounds that it requests information which is unduly burdensome or expensive, harassing, annoying, invasive or a protected right, or is privileged.
A trial subpoena compels you to appear at a trial or hearing. The subpoena must include basic information surround- ing the case, including the name of the case, the cause number, the summoning court, and the date they are summoned to appear.
(a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both.
176.7 Protection of Person from Undue Burden and Expense. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance, protection from disclosure of privileged material or information, and protection from undue burden or expense.
Confirm agreements in writing. Agency attorneys may serve objections to both federal and state subpoenas. Objections are served on the issuing party, not filed with the court. The individual/entity subpoenaed is only required to comply with the subpoena to the extent it does not object.
