(1) reading the subpoena in the hearing of the witness;
(2) delivering a copy of the subpoena to the witness;
(3) electronically transmitting a copy of the subpoena, acknowledgment of receipt requested, to the last known electronic address of the witness; or
(4) mailing a copy of the subpoena by certified mail, return receipt requested, to the last known address of the witness unless:
(A) the applicant for the subpoena requests in writing that the subpoena not be served by certified mail; or
(B) the proceeding for which the witness is being subpoenaed is set to begin within seven business days after the date the subpoena would be mailed.
(b) The officer having the subpoena shall make due return thereof, showing the time and manner of service, if served under Subsection (a)(1) or (2) of this article, the acknowledgment of receipt, if served under Subsection (a)(3) of this article, or the return receipt, if served under Subsection (a)(4) of this article. If the subpoena is not served, the officer shall show in his return the cause of his failure to serve it. If receipt of an electronically transmitted subpoena is not acknowledged within a reasonable time or a mailed subpoena is returned undelivered, the officer shall use due diligence to locate and serve the witness. If the witness could not be found, the officer shall state the diligence he has used to find him, and what information he has as to the whereabouts of the witness.
(c) A subpoena served under Subsection (a)(3) of this article must be accompanied by notice that an acknowledgment of receipt of the subpoena must be made in a manner enabling verification of the person acknowledging receipt.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966. Amended by Acts 1979, 66th Leg., p. 770, ch. 336, Sec. 1, eff. Aug. 27, 1979.
Amended by Acts 1995, 74th Leg., ch. 374, Sec. 1, eff. June 8, 1995; Acts 1999, 76th Leg., ch. 580, Sec. 5, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 24 - Subpoena and Attachment
Article 24.01. Issuance of Subpoenas
Article 24.011. Subpoenas; Child Witnesses
Article 24.02. Subpoena Duces Tecum
Article 24.03. Subpoena and Application Therefor
Article 24.04. Service and Return of Subpoena
Article 24.05. Refusing to Obey
Article 24.06. What Is Disobedience of a Subpoena
Article 24.07. Fine Against Witness Conditional
Article 24.08. Witness May Show Cause
Article 24.09. Court May Remit Fine
Article 24.10. When Witness Appears and Testifies
Article 24.11. Requisites of an "Attachment"
Article 24.111. Hearing Required Before Issuance of Certain Writs of Attachment
Article 24.12. When Attachment May Issue
Article 24.13. Attachment for Convict Witnesses
Article 24.131. Notification to Department of Criminal Justice
Article 24.14. Attachment for Resident Witness
Article 24.15. To Secure Attendance Before Grand Jury
Article 24.16. Application for Out-County Witness
Article 24.17. Duty of Officer Receiving Said Subpoena
Article 24.18. Subpoena Returnable Forthwith
Article 24.19. Certificate to Officer
Article 24.20. Subpoena Returnable at Future Date
Article 24.21. Stating Bail in Subpoena
Article 24.22. Witness Fined and Attached
Article 24.221. Affidavit Regarding Confinement
Article 24.222. Hearing During Confinement of Witness
Article 24.23. Witness Released
Article 24.24. Bail for Witness
Article 24.25. Personal Bond of Witness
Article 24.26. Enforcing Forfeiture
Article 24.27. No Surrender After Forfeiture
Article 24.28. Uniform Act to Secure Attendance of Witnesses From Without State
Article 24.29. Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings