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Include the following notice if a minor is named in the style of the case or if the document contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
Subpoena
[Hearing or Trial]
Issued in the Name of the State of Texas
You, [name of witness], are hereby commanded to appear before this Court at [time] on [date]. You are there and then commanded to attend and give testimony at a court proceeding relating to the case entitled “[style of case]” and filed under Cause No. [number], in the [designation of court] and remain from day to day until discharged by the Court or [name of attorney].
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Use the following paragraph if the court proceeding will be only in-person. |
You must appear on the date and at the time set for the hearing physically in the courtroom of this Court at [address, city], Texas. You may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]].
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Use the following paragraph if the court proceeding will be only remote. |
You must appear on the date and at the time set for the court proceeding by [state method, e.g., Zoom, telephone] using the following information: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. You may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]]. If you cannot participate by the electronic means set forth in this subpoena, have a technological issue preventing effective electronic participation, or need assistance joining the proceeding, you must contact the Court as soon as the issue is discovered.
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Use the following paragraph if the court proceeding will be both in-person and remote. |
You must appear on the date and at the time set for the court proceeding either physically in the courtroom of this Court at [address, city], Texas, or by [state method, e.g., Zoom, telephone] using the following information: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. You may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]]. If you cannot appear physically in the courtroom and you cannot participate by the electronic means set forth in this subpoena, have a technological issue preventing effective electronic participation, or need assistance joining the proceeding, you must contact the Court as soon as the issue is discovered.
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Continue with the following. |
Failure to appear as directed may result in sanctions being entered.
Instructions for submitting evidence: [See the Court’s instructions attached to this subpoena./See the Court’s instructions available at [specify where the court publishes this information].]
Additional instructions for participating in proceedings: [None/See the Court’s instructions attached to this subpoena./See the Court’s instructions available at [specify where the court publishes this information].]
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Include the following if applicable. |
You are further commanded to produce, at the time and place specified above, the following documents or tangible things: [specify]. [See form 5-23.]
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Continue with the following. |
This subpoena is issued at the instance of [name of party], [Petitioner/Respondent/Intervenor] in the above-referenced case [include if applicable: , by and through [his/her/its] attorney of record, [name of attorney]].
Failure of any person without adequate excuse to obey a subpoena served on 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.
This subpoena is issued on [date] by:
[Name of person issuing subpoena]
[Capacity]
[Address]
[Telephone]
[Fax]
Proof of Service
I, [name of witness], accept service of the attached subpoena and will appear at the time and place directed in the subpoena.
Date: ______________________________.
(Signature of witness)
I, ___________________________________, am over the age of eighteen years. I am not a party in the above-entitled and -numbered cause of action. On __________________ I served a subpoena, of which this is a true and correct copy, on [name of witness] by personally handing the subpoena to the named individual or in accordance with rule 176.5(a) of the Texas Rules of Civil Procedure. I also tendered to the witness the witness fees required by law at the time the subpoena was delivered.
Date: ______________________________.
(Signature of person serving subpoena)