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:
- The subpoena must be served by certified mail, return receipt requested.
- The subpoena must be addressed to the person to be served at their last known address.
- The subpoena must be served at least 14 days before the date of the hearing or trial.
- 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:
- A party to the lawsuit (i.e., a plaintiff or defendant).
- A witness who has been subpoenaed to testify.
- A non-party who has been subpoenaed to produce documents or other evidence.
However, there are some exceptions to this rule. For example:
- 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.
- 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.
- 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.