Does a Subpoena Have to Be Served in Person?

A subpoena is a legal order that can be used in criminal cases to require someone to appear in court or to produce important documents and evidence. For example, if a person is facing criminal charges for aggravated assault, their attorney might subpoena witnesses who can testify that they didn’t assault anyone.   One question that often comes up is: “Does a subpoena have to be served in person in Texas?” Understanding more about the purpose of a subpoena and the process of how to subpoena someone is helpful for anyone involved in a criminal matter.

Types of Subpoenas

A subpoena is a legal document that orders a person to either testify in court or provide evidence and documents important to a case. It helps ensure that all crucial information is available during a trial. The two types of subpoenas include: 

Subpoena ad Testificandum (for Testimony) 

This type of subpoena requires an individual to appear in court and give testimony under oath. It ensures that witnesses share their account of events even if they initially declined to participate.

Subpoena Duces Tecum (for Production of Documents or Evidence)

This type of subpoena demands that a person produce specific documents, records, or other forms of evidence needed for the case. It helps the attorneys gather evidence supporting the facts presented at trial.

Methods of Serving a Subpoena in Texas

In Texas, subpoenas can be served through several methods designed to ensure that the recipient is properly informed of their legal obligations. Each method has its own procedures and benefits, making it important to choose the appropriate approach based on the circumstances of your case. So, how is a subpoena legally served, and do subpoenas have to be served in person?

In-Person Service 

This is the most traditional way to serve a subpoena and usually involves a sheriff, constable, or private process server handing the document directly to the recipient. In-person service helps verify that the individual receives the subpoena without any doubt. 

By Mail 

In Texas, serving a subpoena related to a criminal charge by mail is allowed under specific rules, such as using certified mail to confirm receipt. This method involves sending the subpoena with delivery confirmation, proving that the document reached the recipient. It can be a convenient option when it is difficult to arrange in-person service, as long as all mailing requirements are met.

By Email or Other Electronic Means 

Sometimes, cyber service is permitted for certain cases if the court allows it and the recipient has agreed to receive documents electronically. However, this method is less common and is subject to strict rules to ensure the validity of the service.

Substituted Service 

When a person is difficult to locate or is avoiding service, substituted service might be used. This allows the subpoena to be left with someone at the recipient’s residence or workplace, ensuring that the document is still delivered. The rules for substituted service require that every reasonable effort was made to serve the individual directly and that there is evidence confirming delivery to an appropriate substitute person. Each of these methods is structured to ensure the subpoena is properly delivered.

What Happens if Serving a Subpoena is Not Done Properly? 

If a subpoena is not served properly, it can undermine the entire legal process. Improper service may lead to delays or even the dismissal of important testimony or evidence, as the court may deem that the necessary legal requirements were not met. When witnesses are not properly subpoenaed, their absence could negatively impact the case outcome. Fortunately, your criminal defense attorney can handle the subpoenas for you if you’re facing criminal charges. Our attorneys can assess your case, protect your rights, we can help you navigate the legal process effectively. For more information, please contact our Texas criminal defense law firm Barton & Associates Attorneys at Law, at our offices located in Texas.

Barton & Associates Attorneys at Law, PLLC San Antonio 115 Camaron St, San Antonio, TX 78205  (210) 500 0000.

Barton & Associates Attorneys at Law, PLLC Corpus Christi 5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415 (361) 8006 780