Texas Attorney General Opinion: C-786 Page: 3 of 5
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Hon. Robert S. Calvert, page 3 (C- 786)
Rule 45 of the Federal Rules of Civil Procedure, ap-
plicable to Habeas Corpus suits brought in Federal Court provides
in part as follows:
"(a) Every subpoena shall be issued by the
clerk under the seal of the court, shall state the
name of the court and the title of the action, and
shall command each person to whom it is directed
to attend and give testimony at a time and place
therein specified. The clerk shall issue a sub-
poena, or a subpoena for the production of docu-
mentary evidence, signed and sealed but otherwise
in blank, to a party requesting it, who shall fill
it in before service.
"(c) A subpoena may be served by the marshal,
by his deputy, or by any other person who is not
a party and is not less than 18 years of age. Ser-
vice of a subpoena upon a person named therein shall
be made by delivering a copy thereof to such person
and by tendering to him the fees for one day's attend-
ance and the mileage allowed by law. When--the sub-
poena is issued on behalf of the United States or an
officer or agency thereof, fees and mileage need not
be tendered. (Emphasis added)
it t!
The per diem and mileage of witnesses in any court of
the United States is governed by Title 28, U.S.C.A., Sections
1821 through 1825. Section 1821 provides in part as follows:
"Section 1821. A witness attending in any
court of the United States, or before a United
States commissioner, or before any person authorized
to take his deposition pursuant to any rule or order
of a court of the United States, shall receive $4
for each day's attendance and for the time necessarily
occupied in going to and returning from the same, and
8 cents per mile for going from and returning to his
place of residence, . .
t it
Habeas Corpus proceedings inFederal Court are civil
proceedings governed by the Federal Rules of Civil Procedure.
Estep vs. United States, 251 F.2d 579 (5th Cir. 1958). In that-3771-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-786, text, December 9, 1966; (https://texashistory.unt.edu/ark:/67531/metapth269209/m1/3/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.