(a) A subpoena may summon one or more persons to appear:
(1) before a court to testify in a criminal action at a specified term of the court or on a specified day; or
(2) on a specified day:
(A) before an examining court;
(B) at a coroner’s inquest;
(C) before a grand jury;
(D) at a habeas corpus hearing; or
(E) in any other proceeding in which the person‘s testimony may be required in accordance with this code.
(b) The person named in the subpoena to summon the person whose appearance is sought must be:
(1) a peace officer; or
(2) a least 18 years old and, at the time the subpoena is issued, not a participant in the proceeding for which the appearance is sought.

Text of subsection effective until January 01, 2025

Terms Used In Texas Code of Criminal Procedure 24.01

  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(c) A person who is not a peace officer may not be compelled to accept the duty to execute a subpoena, but if he agrees in writing to accept that duty and neglects or refuses to serve or return the subpoena, he may be punished in accordance with Article 2.16 of this code.

Text of subsection effective on January 01, 2025

(c) A person who is not a peace officer may not be compelled to accept the duty to execute a subpoena, but if the person agrees in writing to accept that duty and neglects or refuses to serve or return the subpoena, the person may be punished in accordance with Article 2A.055.
(d) A court or clerk issuing a subpoena shall sign the subpoena and indicate on it the date it was issued, but the subpoena need not be under seal.

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