Tarrant Texas Subpoena Duces Tecum
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How to fill out Subpoena Duces Tecum?
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FAQ
A subpoena is a legal order requiring a person to appear in court, while a Tarrant Texas Subpoena Duces Tecum specifically demands the production of documents or records. Essentially, the latter focuses on requesting tangible evidence instead of personal testimony. Understanding this distinction can help you adequately prepare for legal proceedings.
24.02. SUBPOENA DUCES TECUM. If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court.
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).
For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness.
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.
(b) A subpoena must be served at least five days before the hearing. (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.
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.
Every subpoena must: (1) be issued in the name of the State of Texas; (2) state the style of the suit and its cause number; (3) state the court in which the suit is pending; (4) state the date on which the subpoena is issued; (5) identify the person to whom the subpoena is directed; (6) state the time, place, and
