Request for Subpoena: Breaking Down How Subpoenas Work

Jun 13 2017 | posted by LORR Team

A Texas request for subpoena follows specific steps. Understanding the process can help your firm’s associates avoid serious errors that can cause expensive and long-lasting consequences. The information presented herein is a baseline introduction to the topic. Please consult state-approved reference works for detailed data.

What Is a Subpoena?

A subpoena is a legal instrument intended to compel a party or parties to provide certain information at a specified time and place. Usually the information takes the form of sworn verbal testimony, although it can also consist of written documents or other evidence. The material presented may or may not ultimately provide admissible evidence.

What Must a Subpoena Contain?

In Texas, a subpoena must include the following:

  • A notice stating that the procedure is being issued by the state of Texas.
  • The style of cause number of the legal action.
  • The court in which action is pending.
  • The date of the subpoena’s issue.
  • The person who is to receive the subpoena.

The documents must also state the person who is making the request for subpoena, the time and place to which the person being served must report, and the action required of said person.

Types of Subpoenas

Texas subpoenas fall into two broad classes:

  1. Personal subpoenas. These documents compel a particular person to show up for court on a specified date and remain until discharged.
  2. Discovery subpoenas. These documents compel a third party to produce particular information.

Who May Serve a Subpoena

The parties that may serve a subpoena include:

  • A clerk of court.
  • An officially appointed deposition officer.
  • A private agent who represents one of the parties in the procedure.

Conclusion

As stated before, the above information on how to process a request for subpoena is intended as an introduction to the topic. Please contact us here at LORR if we can assist your firm in any way.