Tuesday, October 11, 2005

Texas lawyers can issue subpoenas?

This AP report says that Tom DeLay's lawyers have issued a subpoena to prosecutor Ronnie, Duke of Earle. I thought that a judge had to issue a subpoena. Lawyers can request a subpoena from a judge but the judge has to actually issue it or it has no force of law. Calling Beldar. What say you?

UPDATE: Beldar answers in Comments. Thanks. So, DeLay's lawyers get a subpoena, serve in on Ronnie Earle and then he moves to quash the subpoena. A judge then gets involved in the motion to quash. We'll see what happens. Thanks again to Bill Dyer for the enlightenment. There was also a followup from AP which I can't find now, ergo, no link. This report said that Earle had refused to accept the subpoena from a server, as had his assistant. However, the number 3 in his office did accept the subpoena. The reason given was that the subpoena did not have a clerks seal on it. It therefore was not a subpoena at all, but rather an "invitation". DeLay's lawyers said they would get the subpoena stamped by a court clerk and then Earle would have to receive service.

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