Texas Code of Criminal Procedure - Article 24.03. Subpoena And Application Therefor
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Art. 24.03. [463] [526-529] SUBPOENA AND APPLICATION
THEREFOR. (a) Before the clerk or his deputy shall be required or
permitted to issue a subpoena in any felony case pending in any
district or criminal district court of this State of which he is
clerk or deputy, the defendant or his attorney or the State's
attorney shall make an application in writing or by electronic
means to such clerk for each witness desired. Such application
shall state the name of each witness desired, the location and
vocation, if known, and that the testimony of said witness is
material to the State or to the defense. The application must be
filed with the clerk and placed with the papers in the cause or, if
the application is filed electronically, placed with any other
electronic information linked to the number of the cause. The
application must also be made available to both the State and the
defendant. Except as provided by Subsection (b), as far as is
practical such clerk shall include in one subpoena the names of all
witnesses for the State and for defendant, and such process shall
show that the witnesses are summoned for the State or for the
defendant. When a witness has been served with a subpoena, attached
or placed under bail at the instance of either party in a particular
case, such execution of process shall inure to the benefit of the
opposite party in such case in the event such opposite party desires
to use such witness on the trial of the case, provided that when a
witness has once been served with a subpoena, no further subpoena
shall be issued for said witness.
(b) If the defendant is a member of a combination as defined
by Section 71.01, Penal Code, the clerk shall issue for each witness
a subpoena that does not include a list of the names of all other
witnesses for the State or the defendant.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 10.01, eff. Sept. 1,
1993; Subsec. (a) amended by Acts 1999, 76th Leg., ch. 580, Sec. 4,
eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 614, Sec.
2, eff. June 18, 1999.
Article: 23.15 23.16 23.17 23.18 24.01 24.011 24.02 24.03 24.04 24.05 24.06 24.07 24.08 24.09 24.10
Last modified: August 11, 2007
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