Subpoena FAQs for TAMUS

TAMUS offices frequently receive subpoenas for records, usually personnel or student records. It is NOT necessary to send them to OGC. This page is designed to help clients respond properly to subpoenas. For more assistance, contact Ms. Bilaliah Hazziez at (979) 458-6120.

Here are some basic questions about subpoenas and what to do once you receive one.

What is a subpoena?

A subpoena is a written order issued by a court, an officer of the court, or an administrative agency that requires production of documents and/or attendance of a witness at a deposition or trial. There are different types of subpoenas issued by different courts or agencies. A careful reading of the subpoena or notice (which is often issued prior to the official subpoena) will provide information regarding what court or agency issued the subpoena and what types of actions are required.

WARNING!!
IF THE SUBPOENA IS FOR A LAWSUIT AGAINST A SYSTEM COMPONENT OR EMPLOYEE FOR EMPLOYMENT-RELATED ACTIONS, CONTACT THE OFFICE OF GENERAL COUNSEL IMMEDIATELY!

See anatomy of a subpoena for more information.

There is money (or a check) attached! May I keep it?

System policy does not permit an employee who is called upon to testify (which is really what a subpoena does) in their official capacity to accept witness fees. BUT, if you are subpoenaed to testify in a case as a private individual from your own personal knowledge, you may accept witness fees. For more information, take a look as 31.05.03 SPRM. We often recommend that the money be put into your office's petty cash or other local fund.

Where and when am I supposed to answer this?

The subpoena will usually say where and when, but it is always good practice to contact the issuer and talk about it. You can save yourself some headaches! If the subpoena covers records only, you may be asked to answer a set of questions attached and swear to your answers before a notary public. Most offices in the System have a staff member who is a notary, so this can save you a lot of trouble.

Do I need to document my response?

It is very important to document all communications regarding the subpoena, including the identity of the persons involved, the date, time and nature of all communications. Any written correspondence should be sent certified mail/return receipt requested. A copy of all documents and letters concerning the subpoena must be kept on file. We have provided some sample reply letters for your use. Go to the Subpoena Checklist page and scroll down to the link.

Should I just send all subpoenas to your office for handling?

No. In most cases, it is more efficient and less costly for the component office that has the information to respond directly to the subpoena. Most subpoenas are routine and do not relate to litigation against the System, a component, or an employee in their role as an employee. Only a few situations require our office to intervene. If you use the checklist and still have questions or concerns, give us a call.