Subpoena question

I am a former police officer. I got served a subpoena by certified mail today, the 21st. The case is on Wednesday, August 25th. It is for a criminal case in my local Texas County. I planned to leave and go out of town on Monday and this is really throwing a kink in my plans. Is there a time limit on how long they have to give you? Five days seems short notice. Also I always thought that Rule 103 applied to this. I got the certified mail which contained the subpoena from the lawyer of the defendant, I thought only independent parties could serve a subpoena. Any help would be great. I know nothing about subpoenas and a lot about correct police procedure.

Perhaps I’ve overlooked it, but I don’t see anything in the Texas RCP authorizing service of a subpoena by mail, certified or registered. (It certainly isn't allowed in my state.)

“Writs” and ”Processes”, yes (Rule 106), but the method of serving a subpoena is separately covered by Rule 176.5:

“Manner of Service. * * * * A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. * * * * “ (Emphasis added)

I’ll tell you what you might do. Call the attorney for the other side, explain no personal services - no witness fees - and ask if it is safe for you to ignore it.

I will do that. It just seems not right..lol I don't mind going to court it. I did not get any notice in this case and I have never recived one this way.

Rule 103. Who May Serve
Citation and other notices may be served anywhere by (1) any sheriff or constable or other person authorized by law or, (2) by any person authorized by law or by written order of the court who is not less than eighteen years of age...

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Rule 106. Method of Service
Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by
(2) mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto...

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Texas Civil Practice & Remedies Code - Section 22.001. Witness Fees
§ 22.001. WITNESS FEES.
(a) Except as provided by Section 22.002, a witness is entitled to 10 dollars for each day the witness attends court. This fee includes the entitlement for
travel and the witness is not entitled to any reimbursement for
mileage traveled.
(b) The party who summons the witness shall pay that witness's fee for one day, as provided by this section, at the time the subpoena is served on the witness.
(c) The witness fee must be taxed in the bill of costs as other costs.

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Rule 176.6 Response.
Objections. A person commanded to produce and permit inspection or copying of designated documents and things may serve on the party requesting issuance of the subpoena – before the time specified for compliance – written objections to producing any or all of the designated materials. A person need not comply with the part of a subpoena to which objection is made as provided in this paragraph unless ordered to do so by the court. The party requesting the subpoena may move for such an order at any time after an objection is made.

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It appears that method of service is proper.

You may be able to argue the $10 witness fee

However, Rule 176.6 requires you to serve a written objection to any issues you have with complying with the subpoena before the time you are required to show up.

As a practical matter, and at this point in time, you may be stuck on this ride.

Tex78704 said:

It appears that (the) method of service is proper.

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Then why is there a specific Rule 176.5, covering the "method of service" of a subpoena which clearly requires personal service?

Whereas Rule 106 expressly refers to “Writs” and “Processes”.

If a subpoena is considered a “process”, even in its broadest sense (certainly not a Writ), then why Rule 176.5?

latigo said:

Then why is there a specific Rule 176.5, covering the "method of service" of a subpoena which clearly requires personal service?

Whereas Rule 106 expressly refers to “Writs” and “Processes”.

If a subpoena is considered a “process”, even in its broadest sense (certainly not a Writ), then why Rule 176.5?

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Rule 176.5 Service.
Manner of Service. 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. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness’s attorney of record.

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Latigo, although I understand your point, I disagree with this.

The plain letter of Rule 176.5, "delivering a copy to the witness" does not suggest that this "clearly requires personal service" to the extent that it requires hand delivering it to the party. This is supported by the fact that service to a party's attorney of record is sufficient to constitute service of a subpoena. This is not so in serving citations, and hence the need in part for 176.5 to allow this additional method of service.

176.5 does not expressly suggest that hand delivery is required. But it does not expressly state service by mail is ok either. Texas case law uses Rules 103 and 106 as fallback rules to clarify such ambiguities, and in this instance the letter and intent of these rules supports allowing service by mail, given 106 allows service by mail for citations.

I do not have my annotated Texas Rules of Civil Procedure handy, but if I find anything later that supports or contradicts what I say here, I will cite it.

Well, Tex, that would all be fine and good, if our OP was the defendant

Zigner said:

Well, Tex, that would all be fine and good, if our OP was the defendant

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By this, are you suggesting that service of subpoena to a witness by mail is not valid? And that the attorney failed to properly serve the subpoena? And that since this witness was not properly served, he can ignore it?

Or is this just another one of your off the cuff remarks that was not well thought out?