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Fill Your Texas Subpoena Form

The Texas Subpoena form is a legal document that commands an individual to appear and testify in a legal proceeding. This form is essential for ensuring that witnesses provide their testimony and any relevant documents related to a case. If you need to fill out this form, click the button below to get started.

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Dos and Don'ts

When filling out the Texas Subpoena form, it is important to follow certain guidelines to ensure accuracy and compliance. Here are eight things to keep in mind:

  • Do provide accurate information for the witness's name and address.
  • Do specify the date and time clearly for the appearance.
  • Do list all relevant documents that the witness must bring.
  • Do include the attorney's name, address, and phone number for clarity.
  • Don't leave any sections blank that require information.
  • Don't forget to check the subpoena for any errors before issuing it.
  • Don't assume the witness knows the details; provide clear instructions.
  • Don't neglect to inform the witness about their right to contact the Department of Public Safety if they have questions.

Sample - Texas Subpoena Form

STATE OFFICE OF ADMINISTRATIVE HEARINGS

TEXAS DEPARTMENT OF PUBLIC SAFETY §

§SUBPOENA

VS.§

§ DOCKET NO. ______________________

_________________________________________ §

THE STATE OF TEXAS

TO: Any Sheriff; Constable; or Person not less than 18 years old and not a party: YOU ARE COMMANDED to serve this Subpoena by delivery to the following person:

Witness: __________________________________________

Address: __________________________________________

__________________________________________

GREETING,

YOU ARE COMMANDED to appear to testify in this proceeding at the following place and time:

Address:

Room:

Date and Time:

YOU ARE COMMANDED TO BRING with you the following document(s) and object(s) related to Defendant’s arrest if they are in your actual possession:

None.

Probable cause affidavit.

Offense report. (Report #______________, if known).

DIC 23.

Video or digital recording.

 

DIC 24.

Any other report you prepared.

 

If you have any questions in regard to this subpoena, please call the nearest office of the Department of Public Safety at:

Austin - (512) 424-5193

Garland - (214) 861-2020

Tyler - (903) 939-6016

Fort Worth - (817) 882-8263

Houston - (713) 219-4170

San Antonio - (210) 804-5700

Corpus Christi - (210) 804-5700

McAllen - (956) 565-7130

Lubbock - (806) 472-2819

Midland - (432) 498-2195

Amarillo - (806) 468 -1419

El Paso - (915) 834-7628

Bryan - (979) 776-3148

Waco - (254) 759-7172

 

Subpoena issued on the request of: _________________________________________________

[Attorney's name, address and phone]

_________________________________________________

_________________________________________________

 

_________________________________________________

This subpoena shall remain in effect until you are excused by the Administrative Law Judge. Witness fees will be paid to you upon your appearance.

_____________________________

__________________________________________

Date

Attorney at Law

RETURN TO

THE STATE OFFICE OF ADMINISTRATIVE HEARINGS

___________________________________________________________________________________________

Defendant Name:______________________________ SOAH Docket No.: ______________________________

Date of Hearing:____________________ Officer/Witness Name: _____________________________________

[This Information must be completed]

___________________________________________________________________________________________

CERTIFICATE OF SERVICE

___________________________________________________________________________________________

I received this subpoena for service on ____________________________ at _____________ (A.M.) (P.M.).

I executed this subpoena by de livering a copy to _________________________________________________ in

person at ______________________________________________ on ___________________ at ________

(A.M.) (P.M.).

Any and all fees and costs incurred for service of this subpoena were submitted to the requesting Party for payment.

 

 

 

I declare the foregoing is true and correct:

Date: ______________________________________

Signed: ____________________________________

Name: _____________________________________

 

 

 

 

 

 

Address: ___________________________________

 

 

 

___________________________________________

 

 

 

___________________________________________

Copies to:

(1)

Texas Department of Public Safety

 

 

(2)

Defendant or Attorney

 

___________________________________________________________________________________________

ACCEPTANCE OF SERVICE

___________________________________________________________________________________________

I acknowledge that I received and accep ted service of this S ubpoena at __________________________________

on _________________ at ___________(A.M.) (P.M.). I further understand my legal obligation to appear at

the hearing.

 

____________________________________________

______________________________________

Date

Witness signature

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Documents used along the form

When preparing to issue a Texas Subpoena, several other forms and documents are often necessary to ensure a comprehensive legal process. These documents help clarify the details surrounding the subpoena and facilitate communication between parties involved. Below is a list of commonly used forms that accompany the Texas Subpoena.

  • Affidavit of Service: This document provides proof that the subpoena has been delivered to the intended recipient. It includes details such as the date, time, and method of service, ensuring that all parties are aware of the subpoena's issuance.
  • Witness Fee Voucher: When a witness is subpoenaed, they are entitled to receive compensation for their time and travel expenses. This voucher outlines the fees owed to the witness, providing a clear record for reimbursement.
  • Certificate of Compliance: This form certifies that all necessary steps have been taken to comply with the requirements of the subpoena. It may include a statement regarding the documents or evidence that have been provided or will be presented at the hearing.
  • Notice of Hearing: This document informs all parties involved of the date, time, and location of the hearing. It ensures that everyone is on the same page and prepared to participate in the proceedings.

Utilizing these forms in conjunction with the Texas Subpoena is crucial for maintaining a smooth legal process. Each document serves a specific purpose and helps to uphold the integrity of the judicial system. Ensure that all necessary paperwork is completed accurately and submitted in a timely manner to avoid any complications.

Common mistakes

Filling out the Texas Subpoena form can be a straightforward process, but many individuals make mistakes that can lead to delays or complications. Understanding these common pitfalls can help ensure that your subpoena is executed properly. Here are seven mistakes to watch out for.

One frequent error is failing to provide complete information about the witness. The form requires a clear name and address for the witness. Omitting any part of this information can result in difficulties in serving the subpoena. Make sure to double-check that all details are accurate and legible.

Another common mistake involves neglecting to specify the date and time for the witness to appear. This is crucial information that must be included. Without it, the subpoena lacks clarity, and the witness may not understand when they are expected to testify. Always include a precise date and time to avoid confusion.

People often overlook the section that requires listing the documents or objects the witness must bring. Leaving this section blank or writing “none” without considering the relevance of other items can undermine the purpose of the subpoena. Be thorough in identifying any materials that may be pertinent to the case.

Additionally, many individuals fail to sign the subpoena. A signature is essential as it validates the document and shows that it has been issued at the request of an attorney. Without this signature, the subpoena may be deemed invalid, leading to complications down the line.

Another mistake is not providing the correct contact information for the attorney requesting the subpoena. This information is crucial in case there are questions or clarifications needed. Ensure that the attorney’s name, address, and phone number are complete and accurate.

People sometimes forget to include the SOAH Docket Number. This number is vital for tracking the case and ensuring that the subpoena is associated with the correct legal proceedings. Be sure to fill this in to avoid any administrative errors.

Finally, failing to keep a copy of the completed subpoena for personal records can lead to issues later on. It’s important to maintain a record of what was served and when. This can be beneficial if questions arise about the service or if the witness claims they did not receive the subpoena.

By being aware of these common mistakes, individuals can navigate the process of filling out the Texas Subpoena form with greater confidence and accuracy. Taking the time to ensure all details are correct can make a significant difference in the effectiveness of the subpoena.

Misconceptions

  • Misconception 1: A subpoena is only for criminal cases.

    This is not true. Subpoenas can be issued in both civil and criminal cases. They are used to compel a witness to appear in court or to produce documents relevant to a legal proceeding.

  • Misconception 2: You do not need to comply with a subpoena if you are not a party to the case.

    In fact, individuals who receive a subpoena are legally obligated to comply, regardless of their involvement in the case. Failure to do so can result in legal penalties.

  • Misconception 3: A subpoena can be ignored if you disagree with it.

    This is incorrect. If you believe a subpoena is unjust, the appropriate action is to file a motion to quash or modify it in court. Ignoring the subpoena can lead to serious consequences.

  • Misconception 4: Witness fees are not applicable when responding to a subpoena.

    This is a misunderstanding. Witness fees are typically provided to individuals who comply with a subpoena, ensuring they are compensated for their time and travel expenses.

  • Misconception 5: You can only be served with a subpoena in person.

    While in-person service is common, subpoenas can also be served through other means, such as mail or electronic delivery, depending on the jurisdiction's rules.

Key takeaways

When dealing with the Texas Subpoena form, it is important to understand its purpose and how to use it effectively. Here are some key takeaways:

  • Know Who Can Serve: Any sheriff, constable, or individual over 18 years old who is not involved in the case can serve the subpoena.
  • Provide Clear Instructions: The subpoena must clearly state the witness's name, address, and the specific time and place for their appearance.
  • List Required Documents: Include a detailed list of any documents or evidence the witness must bring. This could include reports or recordings relevant to the case.
  • Contact Information: If there are questions about the subpoena, the document provides contact numbers for various Texas Department of Public Safety offices.
  • Understand the Legal Obligations: The witness must acknowledge receipt of the subpoena and understand their legal duty to appear at the hearing.

By following these guidelines, you can ensure that the subpoena is filled out correctly and serves its intended purpose in the legal process.

File Characteristics

Fact Name Description
Issuing Authority The Texas Subpoena form is issued by the State Office of Administrative Hearings (SOAH) and the Texas Department of Public Safety.
Legal Requirement Under Texas law, specifically the Texas Government Code, a subpoena is a legal document that commands an individual to appear and testify or produce evidence in a legal proceeding.
Service of Subpoena The subpoena must be served by a sheriff, constable, or any individual who is at least 18 years old and not a party to the case.
Witness Fees Individuals who comply with the subpoena are entitled to receive witness fees upon their appearance at the hearing.
Document Production The subpoena may require the recipient to bring specific documents or objects related to the case, such as offense reports or recordings.
Duration of Validity This subpoena remains in effect until the individual is excused by the Administrative Law Judge overseeing the case.

How to Use Texas Subpoena

Filling out the Texas Subpoena form is a straightforward process. Once you have the form ready, you'll need to provide specific information to ensure it is valid and effective. Follow these steps carefully to complete the form correctly.

  1. Start by entering the Docket Number in the space provided at the top of the form.
  2. Fill in the Witness Name and Address where the subpoena will be served.
  3. Specify the Date and Time when the witness must appear, along with the Address and Room of the hearing.
  4. List any documents or objects the witness is required to bring. This includes items like the probable cause affidavit and offense report. If there are no items, write "None."
  5. Provide the Attorney's Name, Address, and Phone Number who requested the subpoena.
  6. Sign and date the form where indicated, confirming your role as the attorney at law.
  7. Complete the Certificate of Service section after the subpoena has been served. Include the date of service and details about how and to whom the subpoena was delivered.
  8. Finally, if the witness accepts service, they should complete the Acceptance of Service section, including their signature and the date.

After filling out the form, ensure all information is accurate. You can then proceed to serve the subpoena to the designated witness. Keep a copy for your records and ensure that any fees for the witness are handled appropriately.