What is involved in issuing a subpoena for an out of state witness in a Small Claims action?
Full Question:
Answer:
Small claims court is a legal court of law designed to resolve disputes involving relatively small amounts of money in an expeditious manner. Unlike other legal courts, small claims court does not operate by formal rules of evidence, and attorneys are not usually employed to plead such cases. Instead, plaintiffs and defendants appear before the court and present what evidence they have and their perspectives on the dispute. The court will notify plaintiffs of the date for their trials. Plaintiffs should request from the court clerk any available information that may help them with procedure (unless they have retained an attorney). Generally, plaintiffs are allowed to bring witnesses to testify in support of their claims. Some courts may accept affidavits (sworn statements) from persons who cannot appear in person; however, since the other side has no opportunity to "cross-examine" an absent witness, most courts will give only minor consideration to affidavits. The court makes a judgment based on the evidence presented.
The following are Texas statutes:
§ 28.013 GOV'T. Citation
(a) On filing the statement and payment of the filing fee, the judge or
clerk shall issue process in the manner provided for a case in justice
court.
(b) Citation is served by an officer of the state authorized to
serve other citations.
(c) Citation may be served in any manner authorized for service
of citation in a district court, county court, or justice court.
§ 28.033 GOV'T. Hearing
(a) If both parties appear, the judge shall proceed to hear the
case.
(b) Formal pleading other than the statement is not required.
(c) The judge shall hear the testimony of the parties and the witnesses
that the parties produce and shall consider the other evidence offered.
(d) The hearing is informal, with the sole objective being to dispense
speedy justice between the parties.
(e) Reasonable discovery in small claims court shall be permitted.
Discovery is limited that considered appropriate and permitted by the
judge.
§ 28.034 GOV'T. Duty of Judge to Develop Case
The judge shall develop the facts of the case, and for that purpose may
question a witness or party and may summon any party to appear as a
witness as the judge considers necessary to a correct judgment and speedy
disposition of the case.
§ 28.006 GOV'T. Small Claims Court Seal
(a) The commissioners court shall furnish to each judge of a small
claims court a seal that has a star with five points in the center. The
seal must also have "Small Claims Court, _________ County, Texas" and any
applicable precinct number on it.
(b) The seal may be attached to all process other than subpoenas issued
out of the small claims court and may be used to authenticate the
official acts of the clerk and the judge of the small claims court.
(c) The seal may be affixed by a seal press or stamp that embosses or
prints the seal.
§ 22.001 CIV. PRAC. & REM. Witness Fees
(a) Except as provided by Section 22.002, a
witness is entitled to 10 dollars for each day the witness attends
court. This fee includes the entitlement for travel and the witness is
not entitled to any reimbursement for mileage traveled.
(b) The party who summons the witness shall pay that witness's fee for
one day, as provided by this section, at the time the subpoena is served
on the witness.
(c) The witness fee must be taxed in the bill of costs as other
costs.
§ 22.002 CIV. PRAC. & REM. Distance for Subpoenas
A witness who is represented to reside 150 miles or less from a county
in which a suit is pending or who may be found within that distance at
the time of trial on the suit may be subpoenaed in the suit.
§ 22.004 CIV. PRAC. & REM. Fee for Production or Certification of
Documents
(a) A custodian of a record who receives a request for production or
certification of a record under a subpoena, a request for production, or
other instrument issued under the authority of a tribunal that compels
production or certification of a record is entitled to $1 for production
or certification of the record. If more than one record is produced or
certified, the custodian of the records is entitled to only one fee under
this section.
(b) A custodian of a record who produces or certifies a record under
Subsection (a), but who is not required to appear in court, is not
entitled to a witness fee under Section 22.001
(c) The party who requests production or certification of a record
shall pay the fee required for the record, as provided by this section,
at the time the subpoena, request, or other instrument is served.
(d) The fee required by this section must be taxed in the bill
of costs as other costs.
(e) The fee required by this section is in addition to any other fee
imposed by law for the production or certification of a record.
§ 22.011 CIV. PRAC. & REM. Privilege From Arrest
(a) A witness is privileged from arrest while attending, going
to, and returning from court.
(b) The privilege provided by this section extends for a period
computed by allowing one day of travel for each 150 miles of the
distance from the courthouse to the witness's residence.
(c) This section does not apply to an arrest for a felony, treason, or
breach of the peace.