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!

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The Lizard Man is innocent!

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.

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.