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I need to get a subpoena issued for an individual that lives out of State. If you have been down this road before I would love to hear from you.
 
Posts: 42 | Location: McKinney TX | Registered: June 07, 2005Reply With QuoteReport This Post
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Look at article 24.28 of the code of criminal procedure. Basically, you file a motion with your court, your court issues a certificate, the certificate is sent to the prosecutor in the county and state where your witness is located, that prosecutor files the certificate in court there, and that court issues process sending your witness to you for a certain date and length of time.

Hardest part is always tracking down a prosecutor at the other end--DA's offices aren't usually in the phone book. I usually ended up talking to first assistants or chief investigators. Once they snap to it, they've generally done one or two.

Make sure your info about your witness is complete and current, and that you allow plenty of time for the folks at the other state to put everything together.

I think there are forms in the TDCAA's investigator's manual and in McCormick's Texas Practice vols. 7-8.
 
Posts: 2127 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Thanks so much!!! I will get on it right away.
 
Posts: 42 | Location: McKinney TX | Registered: June 07, 2005Reply With QuoteReport This Post
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Here's a link to a paper on the subject, too:

Securing Out of State Witnesses
 
Posts: 2127 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Thanks so much for your help!!! You were right about finding the right person to help, I think it took me four times before I hit on the person that could help me.
 
Posts: 42 | Location: McKinney TX | Registered: June 07, 2005Reply With QuoteReport This Post
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