Texas Application For Subpoena
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FAQ
The Texas courts adopted Rule 21a which allows a party to serve official court documents via email.
(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.
Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.
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.
(c) After a subpoena is served upon a witness, the return of service of the subpoena must be filed at SOAH at least three days prior to the hearing.
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.
First, check the district or county clerk's website in the Texas county where your case is pending. Many counties will have their own forms online. You can find a list of all Texas County websites here. Look for the terms ?subpoena request form,? ?application for subpoena,? or ?request for issuance of subpoena.?