What is a subpoena?
A subpoena is a legal document issued by a court that requires a witness to appear in court and/or provide certain documents. In Texas, a subpoena may be issued by a judge if the person or information in question is necessary to the case. The subpoena can be issued to the witness or the party from whom the witness is directed to produce a document. The subpoena will specify the date and time that the witness must appear in court. In some cases, the witness may be allowed to appear by telephone. If the witness does not appear as required, a judge may issue a contempt order, which could result in a fine or imprisonment. A witness that fails to comply with the subpoena can also be subject to a civil contempt action where the person can be held in contempt of court and a lien can be placed on the witness’s property. The recipient of a subpoena is entitled to reasonable fees and costs associated with the process, including reimbursement for travel, lost wages for time missed from work, and other reasonable expenses. In addition, a witness may be able to receive payment for testifying in court if the witness is a non-party to the case. It is important for anyone that receives a subpoena to seek legal advice from an attorney so they can understand their rights and obligations. Attorneys can also help explain the witness’s rights to reimbursement of fees and costs.
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