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I have a witness on an aggravated sexual assault case whose guardian is refusing to bring the witness to testify. I know there is a procedure under Art. 24.28 (4)(a) to have an out of state subpoena issued. I'm wondering if anyone has used this provision before, and if you have a sample motion/order to share? Also, any insight into how the process works?

Thanks!
 
Posts: 11 | Location: Lockhart,Texas, USA | Registered: March 06, 2008Reply With QuoteReport This Post
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check your email

The Lizard Man is innocent!
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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If you have access to the Investigator Desk Reference Manual, there is a section on Securing Out-of-State Witnesses. It contains all the information you will need for this process. It also contains sample letters and forms. If your office does not have this manual, I would highly recommend it. Smile
 
Posts: 62 | Location: McKinney, Texas | Registered: December 11, 2003Reply With QuoteReport This Post
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Befriending a prosecutor in the jurisdiction where the out of state witness is located is a must. There will likely be a hearing in front of a district judge there and having a prosecutor assist in making that process go smoothly is very helpful.
 
Posts: 100 | Location: Beaumont, Texas, USA | Registered: February 18, 2005Reply With QuoteReport This Post
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