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A fine may not be imposed, nor a person served with a subpoena attached, for failure to comply with a subpoena without proof by affidavit of the party requesting the subpoena or the partys attorney of record that all fees due the witness by law were paid or tendered. Amended by order of Nov.
TRCP 176.5: A subpoena must be served by a sheriff, constable, or any person who is not a party and is at least 18 years of age by delivering a copy to the named person. Agency legal staff or designated contact: Evaluate the subpoena to determine next steps (see next slide).
Are there fees to request a subpoena? Yes. The party who requests the subpoena must pay the witness fee of $10. If you request a subpoena duces tecum, the fee is $11.
196.6 Expenses of Production. Unless otherwise ordered by the court for good cause, the expense of producing items will be borne by the responding party and the expense of inspecting, sampling, testing, photographing, and copying items produced will be borne by the requesting party.
176.6 Response. (a)Compliance required. Except as provided in this subdivision, a person served with a subpoena must comply with the command stated therein unless discharged by the court or by the party summoning such witness.
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The 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 to the case and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness.
How do I request a subpoena? To file a subpoena request, you must log in at .hcdistrictclerk.com with your user name and password. Once you have logged in, click on the e-Subpoena icon on the home page. Once on the e-Subpoena filing page, you will begin completing the subpoena request.
Texas Rules of Civil Procedure Rule 190 identifies the three levels of discovery. In most cases, discovery level 2 (Rule 190.3) governs the timing of discovery. After initial disclosures, you can serve requests for discovery until 30 days before the date set for trial, or the date set by the court.

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