A Texas Subpoena is a legal document issued by a court or other authority in Texas, ordering a person to appear in court or produce documents. It is a civil process issued to compel the appearance of a witness to give testimony or to compel the production of documents. There are two main types of Texas Subpoenas: a Subpoena to Appear and a Subpoena Ducks Cecum. A Subpoena to Appear orders the recipient to appear in court and give testimony at a particular time and place. A Subpoena Ducks Cecum orders the recipient to produce documents or other tangible evidence to the court for inspection.
Texas Subpoena
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Subpoena
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FAQ
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.
If you are unwilling to testify before the grand jury for any reason, you may hire an attorney to challenge the subpoena. The attorney will file a motion to quash the subpoena. The judge will then hear reasons why the subpoena should be quashed. One reason that a subpoena may be quashed is that it is overly broad.
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.
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.
State court or federal court. STATE COURT-Depending on the state, may allow non-court officials to issue subpoenas, e.g. law enforcement official, administrative official, notary public, etc. However, generally it is an attorney, court clerk, judge.
A subpoena must command the person to whom it is directed to do either or both of the following: (a) attend and give testimony at a deposition, hearing, or trial; (b) produce and permit inspection and copying of designated documents or tangible things in the possession, custody, or control of that person.
A subpoena is typically requested by an attorney on behalf of the court and issued by a court clerk, notary public or justice of the peace. A subpoena may be served on an individual either through personal delivery, email, certified mail or even by reading it out aloud.