Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter C - WITNESSES AND SUBPOENAS › Section 159.103 - Issuance and Service of Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  party that issues or is granted a subpoena shall be responsible for having the
				  subpoena served. The 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 to the case and is 18 years of age or older. A subpoena must be
				  served by delivering a copy to the witness. 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. A subpoena may also be served by accepted
				  alternative methods established by a peace officer's law enforcement
				  agency.
(b) A subpoena must be
				  served at least five days before the hearing.
(c) After a subpoena is served upon a
				  witness, the return of service of the subpoena must be filed at SOAH at least
				  three days prior to the hearing. Upon the subpoenaed witness's appearance at
				  the hearing, the party that issued the subpoena shall tender a witness fee
				  check or money order in the amount of $10 to the witness. In addition, if the
				  witness traveled more than 25 miles round-trip to the hearing from the
				  witness's office or residence, mileage reimbursement must also be tendered at
				  the same time. The amount of mileage reimbursement will be that listed in the
				  state mileage guide at
https://fmx.cpa.state.tx.us/fm/travel/travelrates.php
.
(d) If the hearing is conducted
				  telephonically, the party that issued the subpoena shall mail the witness fee
				  check or money order to the witness within one day of the conclusion of the
				  hearing unless the witness fails to appear at the hearing. Also within one day
				  of the conclusion of the hearing, the party shall forward to SOAH a
				  certification that the witness fee or money order was mailed to the witness. A
				  copy of the certification must be sent to the opposing party at the time it is
				  filed at SOAH.
(e) If a party that
				  served a subpoena on a witness fails to appear at a hearing, that party shall
				  mail the witness fee check or money order to the witness within one day from
				  receipt of a default decision or any other order issued by the judge ordering
				  payment of the fee and mileage reimbursement. Also within one day from receipt
				  of the judge's order, the party shall forward to SOAH a certification that the
				  witness fee or money order was mailed to the witness. A copy of the
				  certification must be sent to the opposing party at the time it is filed at
				  SOAH.
(f) If special equipment will
				  be required in order to offer subpoenaed documents or tangible things, the
				  party seeking their admission shall be required to supply the necessary
				  equipment. The party requesting a subpoena duces tecum may be required to
				  advance the reasonable costs of reproducing the documents or tangible things
				  requested.
(g) Service upon
				  opposing party.
(1) A party that issues a
				  subpoena must serve the opposing party with a copy of the subpoena on the same
				  date it is issued.
(2) A party that
				  requests a subpoena from a SOAH judge must serve the opposing party with a copy
				  of the request at the time it is filed with SOAH.
(3) When a subpoena has been served, and not
				  less than three days prior to the hearing, a party that has served a subpoena
				  must provide the opposing party with a copy of the return of service.
(4) If a party fails to serve a copy of a
				  subpoena or a subpoena return on the opposing party, the subpoena may be
				  rendered unenforceable by the judge.