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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99983
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Family law case in TX. I need to request the clerk of the

Customer Question

Family law case in TX. I need to request the clerk of the court for a subpoena for documentation only. I don't need to call a witness. I found this form online. How do I use it to just ask for documentation (asking because it has a section where someone is ordered to appear etc).http://www.hcdistrictclerk.com/Common/Forms/pdf/Civcp01Witness_Subpoena_Suboena_Duces_Tecum.pdf
Submitted: 6 months ago.
Category: Family Law
Expert:  Ely replied 6 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a pending lawsuit that you are party to currently, or, there is no lawsuit at the moment?

Customer: replied 6 months ago.
There is an ongoing lawsuit
Expert:  Ely replied 6 months ago.

Thank you.

I am going to assume that you have no attorney. As an attorney is an officer of the court, they can serve a subpoena without the court's approval. But without an attorney, a subpoena has to be approved by the Court.

One fills out the form and then files it with the Court (this can be the intake clerk for the district clerk, or, the court's clerk directly - check with the court to see which they prefer for subpoenas).

Then, the clerk/Court has to approve the subpoena. This means that once the subpoena is filed with the Court, one calls the clerk of the court and asks for the Court to endorse the subpoena. At this point, the clerk will look over it and will endorse it if it is done correctly. Sometimes the Judge of the court also prefers to review the subpoena before approving it.

Assuming it is approved, one then serves the party with the subpoena.

You can see a summary of the rules HERE.

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