Which of the following statements is true?

• A. The municipal courts have specific authority to issue subpoenas for out-of-county witnesses.
• B. A defendant can request in writing that a subpoena be served in person rather than by mail.
• C. A subpoena duces tecum is a subpoena that orders the witness to bring other witnesses with him or her.
• D. If a peace officer serves a subpoena by mail, the subpoena can be mailed regular mail.

Answer: (D)

Subpoenas compel a witness to appear or produce evidence, and who can serve them and how they are served matters for the subpoena to be valid. In Texas municipal court practice, a peace officer can serve a subpoena by mail, and it may be sent using regular first-class mail. This helps ensure witnesses receive reasonable notice without the need for more formal or costly service methods.

Why this is the best pick: the method of service by a peace officer is specifically allowed, and using regular mail is permissible in this context, making the service effective and proper. The other statements don’t align with how subpoenas operate: subpoenas aren’t typically issued to force attendance of witnesses from outside the county without the proper process; a subpoena duces tecum orders the witness to bring documents or tangible items (not to bring other witnesses); and while a defendant may have concerns about service, the established rule emphasizes that peace officers can serve subpoenas by regular mail, not that the method is restricted or that the defendant alone controls the service method.