CIV-109 How to Subpoena a Witness 10-10 Civil Forms 2026

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  1. Click ‘Get Form’ to open the CIV-109 in the editor.
  2. Begin by filling in the case details at the top of the form, including the names of the plaintiff and defendant, as well as the case number.
  3. In the 'To' section, enter the name and address of the witness you are subpoenaing.
  4. Specify the date and time when the witness is required to appear in court, along with the courtroom information.
  5. If applicable, indicate any documents that need to be produced by checking off relevant sections or adding notes in designated areas.
  6. Ensure that you have included your name and contact information as well as that of your attorney if represented.
  7. Once completed, save your changes and prepare for printing. You may also utilize our platform's features to sign and distribute electronically.

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Invoking the Rule in Texas The purpose of the so-called witness rule which actually refers to the Texas Rules of Evidence: Rule 614 Exclusion of Witnesses is to ensure that witnesses testify only about things that they have actual knowledge.
If the subpoena is from the district attorney/states attorney, you dont need a lawyer. If its a civil subpoena you might want to chat with a lawyer.
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.
At minimum, the subpoena is required to state: That the subpoena is issued in the name of The State of Texas; The style of the lawsuit. The cause number; The court in which the lawsuit is pending; A place where the court can fill in the date the subpoena was issued; The person to whom the subpoena is directed;
If the subpoena demands the production of documents within an unreasonably short period, it can be considered invalid. Geographical limitations: In some jurisdictions, including Texas, a subpoena may be invalid if it requires a person to travel more than 150 miles from where they live or work.

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