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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

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Answered in 25 minutes by:
10/11/2017
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,895
Experience: 30 years in civil, probate, real estate, elder law
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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.

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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.

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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.

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Customer reply replied 10 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: 48,895
Experience: 30 years in civil, probate, real estate, elder law
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