Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I received a subpoena from a respondent in a protective

I received a subpoena...

I received a subpoena from a respondent in a protective order case for Harris County, TX and it was only signed by the respondent, no court clerk or attorney. Apparently he's representing himself. It was sent by UPS and not signed for. Is it legal and do I have to show up at court?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the subpoena was issued in?

Harris County, Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Show More
Show Less
Ask Your Own Legal Question
Answered in 25 minutes by:
10/11/2017
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,316
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question

No this is not proper service here.If you don't want to go then don't go.They have to have clerk sign it and proper service.You aren't a party you don't have to go as a witness here.Just ignore it and don't worry about it.Not a valid subpoena ro valid service either.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Legal Question

Law for reference

Rule 176. Subpoenas (1999)

TEXT

176.1 Form. Every subpoena must be issued in the name of "The State of Texas" and must:

(a) state the style of the suit and its cause number;

(b) state the court in which the suit is pending;

(c) state the date on which the subpoena is issued;

(d) identify the person to whom the subpoena is directed;

(e) state the time, place, and nature of the action required by the person to whom the subpoena is directed, as provided in Rule 176.2;

(f) identify the party at whose instance the subpoena is issued, and the party's attorney of record, if any;

(g) state the text of Rule 176.8(a); and

(h) be signed by the person issuing the subpoena.

176.2 Required Actions. A subpoena must command the person to whom it is directed to do either or both of the following:

(a) attend and give testimony at a deposition, hearing, or trial;

(b) produce and permit inspection and copying of designated documents or tangible things in the possession, custody, or control of that person.

176.3 Limitations.

(a) Range. A person may not be required by subpoena to appear or produce documents or other things in a county that is more than 150 miles from where the person resides or is served. However, a person whose appearance or production at a deposition may be compelled by notice alone under Rules 199.3 or 200.2 may be required to appear and produce documents or other things at any location permitted under Rules 199.2(b)(2).

(b) Use for discovery. A subpoena may not be used for discovery to an extent, in a manner, or at a time other than as provided by the rules governing discovery.

176.4 Who May Issue. A subpoena may be issued by:

(a) the clerk of the appropriate district, county, or justice court, who must provide the party requesting the subpoena with an original and a copy for each witness to be completed by the pm1y;

(b) an attorney authorized to practice in the State of Texas, as an officer of the court; or

(c) an officer authorized to take depositions in this State, who must issue the subpoena immediately on a request accompanied by a notice to take a deposition under Rules 199 or 200, or a notice under Rule 205.3, and who may also serve the notice with the subpoena.

176.5 Service.

(a) Manner of service. A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness's attorney of record.

(b) Proof of service. Proof of service must be made by filing either:

(1) the witness's signed written memorandum attached to the subpoena showing that the wit­ness accepted the subpoena; or

(2) a statement by the person who made the service stating the date, time, and manner of service, and the name of the person served.

176.6 Response.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Thanks, ***** ***** an ex boyfriend of my daughter and it would put me in a terrible position with her.

Yes so just ignore it here,Sounds like he doesn't know what he is doing.

Appreciate the chance to help you thanks for rating 5 stars.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,316
Experience: 30 years in civil, probate, real estate, elder law
Verified
Ray and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,316
45,316 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have,bee subpoenaed to testify on Monday for a child
Hi I have,bee subpoenaed to testify on Monday for a child custody dispute. I am a social worker and this case is two years old and haven't been at the agency for a year. Is this privileged information… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I'm being subpoenaed as a witness for a criminal trial, but
I'm being subpoenaed as a witness for a criminal trial, but they delivered it to me the night before the trial. I could lose my job by missing the next day or two (project based reason). Is there any … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,357 satisfied customers
Can phone records be obtained by subpoena without the owners
can phone records be obtained by subpoena without the owners knowledge? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I received a subpoena and called the number to make
I received a subpoena and called the number to make arrangements for my appearance,(###) ###-#### This number has been disconnected. The Prosecutor is Christina Warden. Do you have a valid phone numbe… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
What hours of the day can civil subpoena's be legally
What hours of the day can civil subpoena's be legally served? … read more
LegalGems
LegalGems
Juris Doctorate
11,062 satisfied customers
If I am subpoenaed by the county to testify on their behalf
If I am subpoenaed by the county to testify on their behalf against my partner do I have to ? I No testify against him … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If a judge signs subpoena for return of belongings from an
If a judge signs subpoena for return of belongings from an ex but the ex refuses to comply what happens next … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
On the 17th of Janauary I received a subpoena by the other
Dear all, on the 17th of Janauary I received a subpoena by the other party (Randall ***** *****) to testify for a divorce against Rachael McMill***** *****, which is my girlfriend. I am currently in t… read more
LegalGems
LegalGems
Juris Doctorate
11,062 satisfied customers
We have received a Subpoena for am employees salary
We have received a Subpoena for am employees salary information. This letter came from the attorney of the person requesting these documents. The letter is signed by the Attorney but does not have a c… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,357 satisfied customers
I was served with a subpoena to appear in Family Court in
I was served with a subpoena to appear in Family Court in NJ. The subpoena is signed off by someone from the plaintiff's law firm for the attorney, not the judge.. Is that appropriate? Further, I am a… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,495 satisfied customers
Can us marshals kick in door to serve subpoena, but subpoena
Its my brother but I live with him so I want to know all that can happen … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Is there any issue with providing video deposition testimony
is there any issue with providing video deposition testimony (from a party to the same lawsuit) as an exhibit to a motion or opposition?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,121 satisfied customers
I was wondering if the police subpoena cell phone records,
I was wondering if the police subpoena cell phone records, does the person who's records they are getting get notified? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,259 satisfied customers
Trying to find out information on how to subpoena police
trying to find out information on how to subpoena police records in order to serve a defendant … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Is their anyway to find out if my phone has a subpoena on it
Is their anyway to find out if my phone has a subpoena on it or in the process of a subpoena?… read more
LegalGems
LegalGems
Juris Doctorate
11,062 satisfied customers
I have an Attorney of Record that's filing a motion for me
I have an Attorney of Record that's filing a motion for me in a case and has submitted to me a "Notice of Limited Appearance". In that notice is a paragraph that states: "The Attorney of Record is onl… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,862 satisfied customers
If I am served a subpoena to attend a arbitration hearing
If I am served a subpoena to attend a arbitration hearing and provide testimony, is there a certain amount of time that I must receive before the hearing. That is, can they just subpoena me 9 days bef… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Could I subpoena a written statement instead of testimony,
Could I subpoena a written statement instead of testimony, of since there is no hair to analyze? Could that be enough information to have a judge to grant a temporary Immediate danger ruling? What day… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,357 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x