San Antonio, TX asked in Criminal Law for Texas

Q: What is the process for obtaining a subpoena duces tecum for a probation officer in an MTR proceeding?

The probation office is literally across the hall from the District Clerk's office. Is it really necessary to pay $150+ to have the officer served by a sheriff's deputy or is there a different process for court officials?

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2 Lawyer Answers
Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: If you have the local Sheriff's office serve the subpoena, they do not charge for serving a subpoena in a criminal case because you have a Constitutional right to subpoena witnesses in your defense.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: As a practical matter, if they are being jerks about it you might check with the Constable's office.

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