TDCAA Community
Dodging Material Witness

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/1341003812

February 22, 2011, 13:39
rk
Dodging Material Witness
We have a witness that is dodging our subpoena....he is material to the case. What do I need to have in place in case he is found some where, so that we can get him down here to testify?

Facts:
His address is local. But we're told, in our many attempts to serve him, that he does and does not live there.

He has never been served.

We have some indication that he's in the wind and might be in some other part of Texas....most likely out of county.

We filed a motion for material witness. The Judge granted it and had a writ of attachment issued. (is this even proper?)

The Sheriff's Office is refusing to issue a warrant because he is not charged criminally.

So, here's our situation.

1. What motions and orders do we need to make sure we can get him here if we find him?

2. Can you get a writ of attachment on an order for a material witness?

3. How do we get the Sheriff's Office to enter a warrant for this witness so we can have him brought here?

4. Are we just out of luck?
February 23, 2011, 20:52
JohnR
Article 24.14 allows an attachment to issue if you believe a material witness is going to leave the county even if they have not been served.
February 24, 2011, 08:19
rk
Our material witness at some point lived in the county.

We've had multiple officers on multiple occassions try to serve the witness at the witness's address. The wit's wife says he doesn't live there. The defendant, who is out on bond, has said at least once, that he does live there.
The wife has given consent to search the house for the wit.
The officer who searched didn't find the wit and also did not note if he found men's clothing in the house.

So....we are working on trying to track this guy down. The bottom line: we think he's here and a resident, but we're getting conflicting information.

If we can show the wit gets his mail in this county and uses his address on his DL, is that sufficient to prove resident in the county?

Thanks for the help.