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

3. Temporary Restraining Order Rule 680 (Page 40) Must be delivered to the defendant.* Must be delivered prior to hearing date. Should be delivered ASAP! * Exception: When Citation has been previously served it may be delivered to defendant’s attorney.

4. Subpoena Rule 176 - Discovery Rule 176 - Discovery

5. Subpoenas State (Rule 176, T.R.C.P.) and andFederal (Rule 45, F.R.C.P.)

6. Trial Subpoena A/K/A Subpoena ad testificandum A/K/A Subpoena ad testificandum A command to appear at a certain time and place and give testimony upon a certain matter. A command to appear at a certain time and place and give testimony upon a certain matter. Page 43

7. Subpoena duces tecum A command to appear at a certain time and place and produce certain documents or things. A command to appear at a certain time and place and produce certain documents or things.

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

9. Who may serve a Subpoena May be served by any disinterested party over the age of 18 years. May be served by any disinterested party over the age of 18 years. No order from the court is necessary. No order from the court is necessary.

10. Method of Service A subpoena, regardless of the type, must be served as directed in the subpoena. A subpoena, regardless of the type, must be served as directed in the subpoena. May be delivered to the defendant’s attorney. May be delivered to the defendant’s attorney. There is no provision in the rules allowing substituted service. There is no provision in the rules allowing substituted service. Rule 106 does not apply to a subpoena. Rule 106 does not apply to a subpoena.

11. When May a Subpoena be Served? Monday – Saturday A Subpoena is not listed as one of the exceptions in Rule 6. Rule 176 does not address the issue. Rule 176 does not address the issue.

12. Where May a Subpoena be Served? A Subpoena may be served Anywhere A witness is not compelled to attend if served more than 150 miles from the place of appearance. DO NOT TELL THE WITNESS THAT HE IS NOT COMPELLED TO APPEAR.

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

14. 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.

15. Questions? We are open for discussion and questions on subpoenas! How about TRO’s? Or Garnishment? Other? There is too such thing as a dumb question! It is the one you don’t’ ask.

16. Justice Court Rules Page 59 TRCP Rule 523 – District Court Rules Govern Rule 536 – Who May Serve and Method of Service. Rule 536a – Duty of Officer or Person Receiving and Return of Service

17. Justice Court Rules Rule 536 – Who May Serve and Method of Service. Rule 536 – Who May Serve and Method of Service. This is a re-write of TRCP 103 and 106. Service is made as in District and County Court cases. This is a re-write of TRCP 103 and 106. Service is made as in District and County Court cases.

18. Justice Court Rules Rule 536a – Duty of Officer or Person Receiving and Return of Service Rule 536a – Duty of Officer or Person Receiving and Return of Service This is a re-write of TRCP 16, 105, and 107. Return is made as in District and County Court cases. This is a re-write of TRCP 16, 105, and 107. Return is made as in District and County Court cases.

19. Justice Court Rules Rule – Duty of Officer or Person Receiving and Return of Service Rule – Duty of Officer or Person Receiving and Return of Service This is a re-write of TRCP 16, 105, and 107. Return is made as in District and County Court cases. This is a re-write of TRCP 16, 105, and 107. Return is made as in District and County Court cases.

20. Federal Court Summons Summons & Complaint are the equivalent to the Citation & Petition in State Courts. Summons & Complaint are the equivalent to the Citation & Petition in State Courts. Service and Return are made pursuant to Rule 4, FRCP. Service and Return are made pursuant to Rule 4, FRCP. There are some important differences. Please note! There are some important differences. Please note!

21. Federal Court Summons Summons & Complaint may be served by any disinterested person who is over the age of 18 years. Summons & Complaint may be served by any disinterested person who is over the age of 18 years. No court order is required for him/her to do so. No court order is required for him/her to do so.

22. Federal Court Summons Summons & Complaint to an individual defendant may be left with a member of the defendants household who is of suitable age. Summons & Complaint to an individual defendant may be left with a member of the defendants household who is of suitable age. No court order is required to do so. No court order is required to do so.

23. Federal Court Summons Summons & Complaint to an business entity (defendant) must be served pursuant to state rules. (Art. 2.11 Business Code). Summons & Complaint to an business entity (defendant) must be served pursuant to state rules. (Art. 2.11 Business Code). The Summons may not be left with a person other than those authorized by 2.11. The Summons may not be left with a person other than those authorized by 2.11.

24. Federal Court Summons The return on the Summons is made by filling in the blanks. The return of a federal summons need not be notarized!

25. Special Considerations Service of a Summons and Complaint to a government agency has some special rules. Service of a Summons and Complaint to a government agency has some special rules. Your client should provide detailed instructions as to who to serve and what to do. Your client should provide detailed instructions as to who to serve and what to do. Call for detailed instructions if needed. Call for detailed instructions if needed.

26. 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?

27. Questions on Federal? How is a Summons served to a corporation or Partnership. How is a Summons served to a corporation or Partnership.