Texas Municipal Courts Education Center (TMCEC) Level 2 Practice Exam

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Which of the following statements is true?
Correct Answer:
A defendant can request in writing that a subpoena be served in person rather SAMPLEthan by mail.
Explanation:
In Texas municipal court practice, how a subpoena is served matters for ensuring the witness actually receives it and can appear. A subpoena duces tecum is about producing documents, not summoning or bringing other witnesses, so that statement misstates what a duces tecum requires. Service by mail isn’t the default method for criminal subpoenas; the usual approach is to deliver a copy to the person named, often through a peace officer or other authorized official, to ensure personal notice. A defendant’s ability to request in writing that service be made in person reflects the practical need for reliable notice and the court’s readiness to accommodate a preference for personal service. The other options do not fit because they describe procedures or authorities that don’t align with how subpoenas are correctly used or served in this context.

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