Who issues and serves summonses?
The Clerk's Office issues summonses. In general, the plaintiff
is responsible for service. Service may be effected by anyone
over the age of 18 who is not a party to the suit. Please
see Fed. R. Civ. P. 4. Certified mail with return receipt
requested is considered good service in Texas. The U.S.
Marshal Service will serve a summons if ordered by a judge.
Please see Service of Process on The United States, Its
Agencies, Corporations or Officers.
Can an attorney issue a civil
subpoena?
Pursuant to Fed. R. Civ. P. 45, an attorney may issue a
subpoena on behalf of a court in which the attorney is authorized
to practice or a court for a district in which a deposition
or production is compelled if it pertains to an action in
a court where the attorney is authorized to practice. If
a party does not have an attorney (or if the party prefers),
the Clerk's Office will issue the subpoena.
Will the Clerk's Office issue a subpoena when
the case is in another district, but the person being
deposed is within a 100-mile radius of our Court?
An attorney may issue the subpoena if he/she is admitted
to practice in the district where the case is filed. Otherwise,
the parties may file a copy of the notice of deposition
(with the other district's case number) in our Court with
a $39.00 filing fee for a foreign subpoena (which is filed
as a miscellaneous case).
How much is a witness
fee? Do I attach
the fee to the subpoena?
Please refer to 28 USC § 1821. The
witness fee is currently $40.00 per day and mileage is $.505
per mile (round-trip). Maximum subsistence allowances are
as follows:
