Legal Question in Criminal Law in Texas

I was called by an assistant for the DA of another county telling me I was being subpoenaed as a witness in a case. I have never been servered with any kind of papers, can they serve a subpoena by phone?


Asked on 2/04/12, 5:58 pm

2 Answers from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

No, you cannot serve a subpoena by phone. And I believe it's still true that you cannot serve one on a Sunday, either. So if this is for something Monday, and they just forgot to get you served or something, you probably won't be required to appear. On the other hand, consider that your appearance could be important in a jury determining the truth about whatever it is this trial involves, and that you may still have someone showing up with a subpoena in hand. When I was a prosecutor, I always called all of my witnesses personally before subpoenaing them, just as a matter of courtesy (unless they were obviously hostile and I thought they'd evade service).

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Answered on 2/04/12, 6:38 pm
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Ma'am, I got your phone message this morning, but I'm not going to be able to help you. If you think you actually need legal advice about this situation, you're going to have to hire your own attorney. The information I have provided you (and the information any other attorney here can provide you, for that matter) is just that--information. It's not legal advice, and if you're as concerned about this as you appear to be, I really would suggest that you consult with a locall attorney of your choosing. Keep in mind, though, that whatever that attorney or anyone else might say, if it turns out you actually are required to appear for court, nothing that attorney may say will get you out of the potential consequences of not appearing. Good luck.

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Answered on 2/06/12, 12:34 pm


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