Ancillary Process Process which is in aid of or incidental to the principal suit or action. ─ Blacks Law Dictionary.

Ancillary ProcessAncillary Process

Process which is in aid of or Process which is in aid of or incidental to the principal suit incidental to the principal suit or action.or action.

─ ─ Blacks Law Dictionary.Blacks Law Dictionary.

Temporary Restraining Temporary Restraining OrderOrder

Rule 680 (Page 40)Rule 680 (Page 40) Must be delivered to the defendant.*Must be delivered to the defendant.* Must be delivered prior to hearing Must be delivered prior to hearing

date.date. Should be delivered ASAP!Should be delivered ASAP!

* Exception: When Citation has been previously served it * Exception: When Citation has been previously served it may be delivered to defendant’s attorney.may be delivered to defendant’s attorney.

SubpoenaSubpoena

Rule 176 - DiscoveryRule 176 - Discovery

SubpoenasSubpoenas

State State (Rule 176, T.R.C.P.)(Rule 176, T.R.C.P.)

and and

Federal Federal (Rule 45, F.R.C.P.) (Rule 45, F.R.C.P.)

Trial SubpoenaTrial Subpoena

A/K/A Subpoena ad testificandumA/K/A Subpoena ad testificandum A command to appear at a certain A command to appear at a certain

time and place and give testimony time and place and give testimony upon a certain matter.upon a certain matter.

Page 43

Subpoena duces tecumSubpoena duces tecum

A command to appear at a A command to appear at a certain time and place and certain time and place and produce certain documents or produce certain documents or things.things.

Deposition SubpoenaDeposition Subpoena

A command to appear at a certain A command to appear at a certain time and place and give testimony time and place and give testimony before a court reporter or other before a court reporter or other official.official.

Who may serve a SubpoenaWho may serve a Subpoena

May be served by any disinterested May be served by any disinterested party over the age of 18 years.party over the age of 18 years.

No order from the court is necessary.No order from the court is necessary.

Method of ServiceMethod of Service

A subpoena, regardless of the type, must A subpoena, regardless of the type, must be served as directed in the subpoena.be served as directed in the subpoena.

May be delivered to the defendant’s May be delivered to the defendant’s attorney.attorney.

There is no provision in the rules There is no provision in the rules allowing substituted service.allowing substituted service.

Rule 106 does not apply to a subpoena.Rule 106 does not apply to a subpoena.

When May a Subpoena be When May a Subpoena be Served?Served?

Monday – SaturdayMonday – Saturday

A Subpoena is not listed as one of the A Subpoena is not listed as one of the exceptions in Rule 6. exceptions in Rule 6.

Rule 176 does not address the issue.Rule 176 does not address the issue.

Where May a Subpoena be Where May a Subpoena be Served?Served?

A Subpoena may be served A Subpoena may be served AnywhereAnywhere

A witness is not compelled to attend A witness is not compelled to attend if served more than 150 miles from if served more than 150 miles from the place of appearance. the place of appearance.

DO NOT TELL THE WITNESS THAT HE DO NOT TELL THE WITNESS THAT HE IS NOT COMPELLED TO APPEAR.IS NOT COMPELLED TO APPEAR.

TenderTender Required Required

A person served with a A person served with a subpoena should be tendered a subpoena should be tendered a witness fee of $10.00 for each witness fee of $10.00 for each days appearance.days appearance.

Federal Subpoena

• May be served by any disinterested party over the age of 18 years.

• Service is the same as for state court subpoena.

• Range is 100 miles from place of hearing.

• Tender is $30.00 plus mileage.• Mileage is whatever IRS allows for

travel.

Questions?Questions?

We are open for discussion and We are open for discussion and questions on subpoenas!questions on subpoenas!

How about TRO’s?How about TRO’s? Or Garnishment?Or Garnishment? Other?Other?

There is too such thing as a dumb question! It is the one you don’t’ ask.

Justice Court RulesJustice Court RulesPage 59Page 59

TRCP Rule 523 – District Court Rules TRCP Rule 523 – District Court Rules GovernGovern

Rule 536 – Who May Serve and Rule 536 – Who May Serve and Method of Service.Method of Service.

Rule 536a – Duty of Officer or Person Rule 536a – Duty of Officer or Person Receiving and Return of ServiceReceiving and Return of Service

Justice Court RulesJustice Court Rules

Rule 536 – Who May Serve and Rule 536 – Who May Serve and Method of Service.Method of Service.

This is a re-write of TRCP 103 and This is a re-write of TRCP 103 and 106. Service is made as in District 106. Service is made as in District and County Court cases.and County Court cases.

Justice Court RulesJustice Court Rules

Rule 536a – Duty of Officer or Person Rule 536a – Duty of Officer or Person Receiving and Return of ServiceReceiving and Return of Service

This is a re-write of TRCP 16, 105, This is a re-write of TRCP 16, 105, and 107. Return is made as in and 107. Return is made as in District and County Court cases.District and County Court cases.

Justice Court RulesJustice Court Rules

Rule – Duty of Officer or Person Rule – Duty of Officer or Person Receiving and Return of ServiceReceiving and Return of Service

This is a re-write of TRCP 16, 105, This is a re-write of TRCP 16, 105, and 107. Return is made as in and 107. Return is made as in District and County Court cases.District and County Court cases.

Federal Court SummonsFederal Court Summons

Summons & Complaint are the Summons & Complaint are the equivalent to the Citation & Petition equivalent to the Citation & Petition in State Courts.in State Courts.

Service and Return are made Service and Return are made pursuant to Rule 4, FRCP.pursuant to Rule 4, FRCP.

There are some important There are some important differences. Please note!differences. Please note!

Federal Court SummonsFederal Court Summons

Summons & Complaint may be Summons & Complaint may be served by any disinterested person served by any disinterested person who is over the age of 18 years.who is over the age of 18 years.

No court order is required for him/her No court order is required for him/her to do so.to do so.

Federal Court SummonsFederal Court Summons

Summons & Complaint to an Summons & Complaint to an individual defendant may be left with individual defendant may be left with a member of the defendants a member of the defendants household who is of suitable age.household who is of suitable age.

No court order is required to do so.No court order is required to do so.

Federal Court SummonsFederal Court Summons

Summons & Complaint to an Summons & Complaint to an business entity (defendant) must be business entity (defendant) must be served pursuant to state rules. (Art. served pursuant to state rules. (Art. 2.11 Business Code). 2.11 Business Code).

The Summons may not be left with a The Summons may not be left with a person other than those authorized person other than those authorized by 2.11.by 2.11.

Federal Court SummonsFederal Court Summons

The return on the Summons is The return on the Summons is made by filling in the blanks. made by filling in the blanks.

The return of a federal summons The return of a federal summons need not be notarized!need not be notarized!

Special ConsiderationsSpecial Considerations

Service of a Summons and Complaint Service of a Summons and Complaint to a government agency has some to a government agency has some special rules.special rules.

Your client should provide detailed Your client should provide detailed instructions as to who to serve and instructions as to who to serve and what to do.what to do.

Call for detailed instructions if Call for detailed instructions if needed.needed.

Questions on Federal?Questions on Federal?

Who may be served on first attempt?Who may be served on first attempt? At a residence?At a residence? At a business?At a business? Why?Why?

Questions on Federal?Questions on Federal?

How is a Summons served to a How is a Summons served to a corporation or Partnership.corporation or Partnership.