A subpoena is a legal document that commands an individual to appear in court, provide testimony, or produce specific documents and records for use in a legal proceeding. Texas courts issue subpoenas to compel cooperation from witnesses or parties who possess information relevant to a case.
In practical terms, a subpoena means you have a legal duty to comply with the court’s request. Failing to do so can result in serious consequences, including contempt of court. Texas Rule of Civil Procedure 176 governs the issuance and service of subpoenas in civil cases, establishing the procedures attorneys and courts must follow when compelling testimony or evidence.
Purposes of Subpoenas
Subpoenas are legal tools used to compel the production of evidence or the appearance of witnesses in legal proceedings. They help ensure that all relevant information is available to the court or parties involved in a case:
- Subpoena Ad Testificandum: Requires a person to appear and provide testimony under oath.
- Subpoena Duces Tecum: Orders an individual or organization to produce documents, records, or other tangible evidence.
- Deposition Subpoena: Commands a witness to appear for questioning outside of court before trial.
How Are Subpoenas Used in Family Law Cases?
Family law proceedings often necessitate subpoenas to gather evidence regarding finances, relationships, behavior, and other factors that courts must consider when making decisions that affect families and children. Attorneys issue subpoenas to third parties like banks, employers, and therapists, as well as to the opposing party’s friends, family members, or associates.
Divorces
Divorce cases often involve complex financial issues and disputed facts about marital conduct that require extensive evidence gathering through subpoenas. Attorneys use these tools to obtain documentation that reveals the true financial picture and supports claims about spousal behavior:
- Bank and account records showing assets and transactions.
- Employment documents such as pay stubs, bonuses, and benefits.
- Tax returns and financial statements are submitted to lenders or agencies.
- Credit card records indicating spending or hidden assets.
- Real estate documents and property valuations.
- Business records for self-employed individuals or owners.
Child Support
Subpoenas help attorneys verify what parents truly earn when one party attempts to hide or minimize their financial resources. Courts need complete financial pictures to calculate fair support obligations that meet children’s needs. Attorneys frequently subpoena:
- Employer payroll records and payment history.
- Self-employment income documentation, including 1099 forms and business bank statements.
- Investment account statements showing dividends, interest, and capital gains.
- Rental property income records.
- Unemployment or disability benefit records.
- Records of bonuses, commissions, and other variable compensation.
Child Custody
Custody disputes demand clear evidence of each parent’s fitness, the child’s needs, and the strength of the parent-child bond. Subpoenas enable attorneys to obtain unbiased information from third parties familiar with the family’s situation. Common sources of subpoenaed evidence in custody matters include:
- School records showing attendance, performance, and parental involvement.
- Medical or mental health records reflecting the child’s condition and care.
- Therapist notes about family relationships and dynamics.
- Police reports detailing violence, substance abuse, or safety issues.
- Testimony from teachers, relatives, or others familiar with parenting.
Protective Orders and Domestic Violence Cases
Protective order cases require swift access to credible evidence of threats, violence, or harassment. Subpoenas can compel police reports, 911 recordings, and medical records confirming abuse, as well as phone records showing threatening or harassing communications.
Contact KGK Family Law for Subpoena Assistance
Whether you need to issue or respond to a subpoena, we can help protect your rights and ensure full compliance with court procedures. Mishandling a subpoena can harm your case or lead to penalties. Contact KGK Family Law at (281) 598-6520 to schedule a confidential consultation with a Texas family law attorney who can guide you through all aspects of subpoena matters.
We serve Houston, Sugar Land, and throughout Texas. Visit any of our offices at:
KGK Family Law – Houston Office
7700 San Felipe St #505
Houston, TX 77063
KGK Family Law – Sugar Land
