In some scenarios it’s necessary to compel a witness’s attendance at a trial or deposition. In a border area, these issues can be somewhat complex, and they are governed by procedural rules in the state where the case is pending (or Rules 26, 30, 31, and 45 of the Federal Rules of Civil Procedure for federal cases).
Arkansas Subpoenas
In Arkansas civil cases, subpoenas are governed by Rule 45 of the Arkansas Rules of Civil Procedure. It’s extremely easy to prepare a subpoena, but in order to ensure its compliance with Arkansas law and to avoid a Motion to Quash, it’s necessary to follow these steps: (1) Use the online subpoena form on the Arkansas Judiciary website. Once you have created the subpoena, have the circuit clerk place the seal on the subpoena. (2) If the subpoena includes the production of documents, follow the rules for the issuance of a Subpoena Duces Tecum. (3) Service of a subpoena may be by anyone over the age of 18 not a party to the suit. However, if you’re anticipating a Motion to Quash, it’s always smart to hire a professional process server or deputy to serve the subpoena, file the return of service, and prepare them to testify in the event the witness does now show. (4) Serve the subpoena upon the witness along with a check for the appropriate fee pursuant to ARCP 45. Currently, the fee is $30 per day plus mileage of $0.25 per mile to and from the courthouse. (5) All of this should be accomplished at least two days prior to the trial or hearing.
Texas Subpoenas
In Texas civil cases, subpoenas are governed by Rule 176 of the Texas Rules of Civil Procedure. Like Arkansas, they can be served by anyone who is 18 and not a party to the lawsuit. The subpoena should be accompanied by a $10 check, and it should be served (a) in Texas (b) within 150 miles of the place where the hearing or trial is to be held.
Louisiana Subpoenas
In Louisiana civil cases, subpoenas are governed by Articles 1351-1357 of the Louisiana Code of Civil Procedure. You should also consider La. R.S. §13:3661-3672 in conjunction with the aforementioned articles.
Service of subpoenas across any state line will be covered in next week’s blog. For these reasons, it is imperative to hire a veteran litigator and experienced trial lawyer who has been involved in cases just like yours.