
Art. 24.04. [464] [527] [515] SERVICE AND RETURN OF 
SUBPOENA.  (a) A subpoena is served by:
	(1)  reading the subpoena in the hearing of the witness;                       
	(2)  delivering a copy of the subpoena to the witness;                         
	(3)  electronically transmitting a copy of the subpoena, 
acknowledgment of receipt requested, to the last known electronic 
address of the witness;  or
	(4)  mailing a copy of the subpoena by certified mail, return 
receipt requested, to the last known address of the witness unless:
	(A)  the applicant for the subpoena requests in writing that 
the subpoena not be served by certified mail;  or
	(B)  the proceeding for which the witness is being subpoenaed 
is set to begin within seven business days after the date the 
subpoena would be mailed.
	(b)  The officer having the subpoena shall make due return 
thereof, showing the time and manner of service, if served under 
Subsection (a)(1) or (2) of this article, the acknowledgment of 
receipt, if served under Subsection (a)(3) of this article, or the 
return receipt, if served under Subsection (a)(4) of this article.  
If the subpoena is not served, the officer shall show in his return 
the cause of his failure to serve it.  If receipt of an 
electronically transmitted subpoena is not acknowledged within a 
reasonable time or a mailed subpoena is returned undelivered, the 
officer shall use due diligence to locate and serve the witness.  If 
the witness could not be found, the officer shall state the 
diligence he has used to find him, and what information he has as to 
the whereabouts of the witness.
	(c)  A subpoena served under Subsection (a)(3) of this 
article must be accompanied by notice that an acknowledgment of 
receipt of the subpoena must be made in a manner enabling 
verification of the person acknowledging receipt.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 1979, 66th Leg., p. 770, ch. 336, Sec. 1, eff. Aug. 
27, 1979.

Amended by Acts 1995, 74th Leg., ch. 374, Sec. 1, eff. June 8, 1995;  
Acts 1999, 76th Leg., ch. 580, Sec. 5, eff. Sept. 1, 1999.

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Last modified: August 10, 2007