V. Procedures for issuing and contesting subpoenas

In Texas, serving a subpoena on a reporter or media organization is no different than serving a subpoena on anyone else. There is no special proceeding or showing that needs to be made before a subpoena is served. However, subpoenas should not be lightly served on the media. Private litigants wishing to acquire information about their case should attempt to exhaust all non-media sources before burdening the press with a subpoena. Irrelevant subpoenas will, justifiably, provoke strong responses, costing both parties additional legal expenses and time.

A subpoena is, in essence, a court order commanding the subpoenaed person or entity to appear to testify or to permit inspection of documents or items. The issuance of subpoenas in civil cases is governed by the Texas Rules of Civil Procedure. In criminal cases, the issuance of a subpoena is governed by the Texas Code of Criminal Procedure.