1. (a) Scope.

   1. (1) A subpoena may command a person to give testimony for an ALR hearing and/or produce designated documents or tangible things in the actual possession of that person.
   2. (2) The party who causes a subpoena to be issued must take reasonable steps to avoid imposing undue burden or expense on the person served.
   3. (3) If a party that requests or issues a subpoena fails to timely appear at the hearing, any subpoenaed witnesses will be released.
2. (b) Attorney-issued subpoenas. An attorney who is authorized to practice law in the State of Texas may issue up to two subpoenas for witnesses to appear at a hearing. One subpoena may be issued to compel the presence of the peace officer who was primarily responsible for the defendant's stop or initial detention and the other may be issued to compel the presence of the peace officer who was primarily responsible for finding probable cause to arrest the defendant. If the same officer was primarily responsible for both the defendant's stop and arrest, the attorney may issue only one subpoena.

3. (c) Subpoena request filed with judge. No later than ten days prior to the hearing, a party may file a subpoena request with SOAH that demonstrates good cause to compel a witness's appearance in person or by telephone or video conference, when:

   1. (1) a party intends to call more than two peace officers to testify as witnesses;
   2. (2) a party seeks to compel the presence of witnesses who are not peace officers; or
   3. (3) a defendant, who is not represented by an attorney, seeks to compel the presence of witnesses.
4. (d) Subpoena form. A subpoena must be issued on the form provided at www.soah.state.tx.us.

5. (e) Judge's discretion. The decision to issue a subpoena, as described in subsection (c) of this section, shall be in the sound discretion of the judge assigned to the case. The judge shall refuse to issue a subpoena if:

   1. (1) the testimony or documentary evidence is immaterial, irrelevant, or would be unduly repetitious; or
   2. (2) good cause has not been demonstrated.

6. (f) Service upon witness.

   1. (1) The party who issues or is granted a subpoena shall be responsible for having the subpoena served in accordance with Texas Rule of Civil Procedure 176.5, or by accepted alternative methods established by a peace officer's law enforcement agency.
   2. (2) A subpoena must be served at least five calendar days before the hearing.
   3. (3) After a subpoena issued by an attorney or judge is served upon a witness, the return of service of the subpoena must be filed at SOAH at least three calendar days prior to the hearing. Upon the subpoenaed witness's appearance at the hearing, the party who issued the subpoena shall tender a witness fee check or money order in the amount of $10 to the witness. In addition, if the witness traveled more than 25 miles round-trip to the hearing from the witness's office or residence, mileage reimbursement must also be tendered at the same time. The amount of mileage reimbursement will be that listed in the state mileage guide at https://fmx.cpa.state.tx.us/fm/travel/travelrates.php.
   4. (4) If the hearing is conducted telephonically, the party who issued the subpoena shall mail the witness fee check or money order to the witness within one business day of the conclusion of the hearing unless the witness fails to appear at the hearing. Also within one business day of the conclusion of the hearing, the party shall forward to SOAH a certification that the witness fee or money order was mailed to the witness.
   5. (5) If a party who served a subpoena on a witness fails to appear at a hearing, that party shall mail the witness fee check or money order to the witness within one business day from receipt of a default decision or any other order issued by the Administrative Law Judge ordering payment of the fee and mileage reimbursement. Also within one business day from receipt of the Administrative Law Judge's order the party shall forward to SOAH a certification that the witness fee or money order was mailed to the witness.
   6. (6) A party that fails to tender a witness fee or mileage reimbursement or fails to forward the certification to SOAH, as set out above, will be subject to sanctions as determined by the Administrative Law Judge, including, but not limited to, the loss of authority to issue subpoenas for Administrative License Revocation hearings.
   7. (7) If special equipment will be required in order to offer subpoenaed documents or tangible things, the party seeking their admission shall be required to supply the necessary equipment. The party requesting a subpoena duces tecum may be required to advance the reasonable costs of reproducing the documents or tangible things requested.

7. (g) Service upon opposing party.

   1. (1) A party that issues a subpoena under subsection (b) of this section must serve the opposing party with a copy of the subpoena on the same date it is issued.
   2. (2) A party that requests a subpoena under subsection (c) of this section must serve the opposing party with a copy of the request at the time it is filed with SOAH.
   3. (3) A party that serves a subpoena must provide the opposing party with a copy of the return of service when the subpoena has been served and no less than three calendar days prior to the hearing.
8. (h) Continuing effect. A properly issued subpoena remains in effect until the judge releases the witness or grants a motion to quash or for protective order. If a hearing is rescheduled and a subpoena is extended, and unless the judge specifically directs otherwise, the party who requested the continuance shall promptly notify any subpoenaed witnesses of the new hearing date.

9. (i) Motion to quash or for protective order.

   1. (1) On behalf of a subpoenaed witness, a party may move to quash a subpoena or for a protective order. A party that moves to quash a subpoena must serve the motion on the other party at the time the motion is filed with SOAH.
   2. (2) A party may seek an order from the judge at any time after the motion to quash or motion for protective order has been filed.
   3. (3) In ruling on motions to quash or for protection, the judge must provide a person served with a subpoena an adequate time for compliance, protection from disclosure of privileged material or information, and protection from undue burden or expense. The judge also may impose reasonable conditions on compliance with a subpoena.
   4. (4) If a subpoena request is denied or if a subpoena is quashed, any witness fee or mileage reimbursement fee that has been tendered to a witness or filed with SOAH shall be returned to the party who tendered the fees.

Source Note:The provisions of this §159.103 adopted to be effective January 20, 2009, 34 TexReg 330; amended to be effective December 10, 2014, 39 TexReg 9515.