Which of the following statements is true?

Which of the following statements is true?

• A. The municipal courts have specific authority to issue subpoenas for out-of-county witnesses.
• B. A subpoena duces tecum is a subpoena that orders the witness to bring other witnesses with him or her.
• C. If a peace officer serves a subpoena by mail, the subpoena can be mailed regular mail.
• D. A defendant can request in writing that a subpoena be served in person rather than by mail.

Answer: (D)

In Texas municipal court practice, how a subpoena is served matters for ensuring the witness actually receives it and can appear. A subpoena duces tecum is about producing documents, not summoning or bringing other witnesses, so that statement misstates what a duces tecum requires. Service by mail isn’t the default method for criminal subpoenas; the usual approach is to deliver a copy to the person named, often through a peace officer or other authorized official, to ensure personal notice. A defendant’s ability to request in writing that service be made in person reflects the practical need for reliable notice and the court’s readiness to accommodate a preference for personal service. The other options do not fit because they describe procedures or authorities that don’t align with how subpoenas are correctly used or served in this context.

In Texas municipal court practice, how a subpoena is served matters for ensuring the witness actually receives it and can appear. A subpoena duces tecum is about producing documents, not summoning or bringing other witnesses, so that statement misstates what a duces tecum requires. Service by mail isn’t the default method for criminal subpoenas; the usual approach is to deliver a copy to the person named, often through a peace officer or other authorized official, to ensure personal notice. A defendant’s ability to request in writing that service be made in person reflects the practical need for reliable notice and the court’s readiness to accommodate a preference for personal service. The other options do not fit because they describe procedures or authorities that don’t align with how subpoenas are correctly used or served in this context.