Can you serve a subpoena by mail in texas

In Texas, the rules for serving a subpoena by mail are governed by the Texas Rules of Civil Procedure and the Texas Rules of Appellate Procedure.

In general, a subpoena can be served by mail in Texas, but there are certain requirements that must be met:

  1. The subpoena must be served by certified mail, return receipt requested.
  2. The subpoena must be addressed to the person to be served at their last known address.
  3. The subpoena must be served at least 14 days before the date of the hearing or trial.
  4. The subpoena must be served on a Saturday, Sunday, or a legal holiday, it must be served on the next business day.

Additionally, the Texas Rules of Civil Procedure provide that a subpoena may be served by mail if the person to be served is:

  1. A party to the lawsuit (i.e., a plaintiff or defendant).
  2. A witness who has been subpoenaed to testify.
  3. A non-party who has been subpoenaed to produce documents or other evidence.

However, there are some exceptions to this rule. For example:

  1. If the person to be served is a party to the lawsuit, they cannot be served by mail if they are represented by an attorney. In this case, the subpoena must be served personally or by a process server.
  2. If the person to be served is a witness who has been subpoenaed to testify, they cannot be served by mail if they are a resident of the county where the lawsuit is pending. In this case, the subpoena must be served personally or by a process server.
  3. If the person to be served is a non-party who has been subpoenaed to produce documents or other evidence, they cannot be served by mail if they are a resident of the county where the lawsuit is pending. In this case, the subpoena must be served personally or by a process server.

It's also important to note that even if a subpoena is served by mail, the person to be served may still be able to challenge the subpoena by filing a motion to quash or modify the subpoena.

It's always a good idea to consult with an attorney if you have any questions about serving a subpoena in Texas.