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Texas Finance Code - Section 36.214. Subpoena

Legal Research Home > Texas Lawyer > Finance Code > Texas Finance Code - Section 36.214. Subpoena

§ 36.214. SUBPOENA.  (a) The receiver may request the 
court ex parte to issue a subpoena to compel the attendance and 
testimony of a witness before the receiver and the production of a 
record relating to the receivership estate.  For this purpose the 
receiver or the receiver's designated representative may 
administer an oath or affirmation, examine a witness, or receive 
evidence.  The court has statewide subpoena power and may compel 
attendance and production of a record before the receiver at the 
bank, the office of the receiver, or another location.
	(b)  A person served with a subpoena under this section may 
file a motion with the court for a protective order as provided by 
Rule 166b, Texas Rules of Civil Procedure.  In a case of 
disobedience of a subpoena or the contumacy of a witness appearing 
before the receiver or the receiver's designated representative, 
the receiver may request and the court may issue an order requiring 
the person subpoenaed to obey the subpoena, give evidence, or 
produce a record relating to the matter in question.
	(c)  A witness who is required to appear before the receiver 
is entitled to receive:
		(1)  reimbursement for mileage, in the amount for 
travel by a state employee, for traveling to or returning from a 
proceeding that is more than 25 miles from the witness's residence;  
and
		(2)  a fee for each day or part of a day the witness is 
necessarily present as a witness in an amount set by the receiver 
with the approval of the court of not less than $10 a day and not 
more than an amount equal to the per diem travel allowance of a 
state employee.
	(d)  A payment of fees under Subsection (c) is an 
administrative expense.    
	(e)  The receiver may serve the subpoena or have it served by 
the receiver's authorized agent, a sheriff, or a constable.  The 
sheriff's or constable's fee for serving a subpoena must be the same 
as the fee paid the sheriff or constable for similar services.
	(f)  A subpoena issued under this section to a financial 
institution is not subject to Section 59.006.
	(g)  On certification by the receiver under official seal, a 
record produced or testimony taken as provided by this section and 
held by the receiver is admissible in evidence in any case without 
proof of its correctness or other proof, except the certificate of 
the receiver that the record or testimony was received from the 
person producing the record or testifying.  The certified record or 
a certified copy of the record is prima facie evidence of the facts 
it contains.  This section does not limit another provision of this 
subchapter, Subchapter D, or another law that provides for the 
admission of evidence or its evidentiary value.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 6.103(c), eff. Sept. 1, 
2001.

Last modified: August 10, 2007