§ 22.002.Distance for Subpoenas

The geographic reach of a Texas subpoena, and it offers two independent routes.

A witness who is represented to reside 150 miles or less from a county in which a suit is pending, or who may be found within that distance at the time of trial, may be subpoenaed.

The second route is the broader one. A witness who lives 400 miles away but will be in the area on the trial date is subpoenable, because presence at the time of trial is an alternative to residence, not a gloss on it.

"Represented to reside" is a deliberately light standard. The party seeking the subpoena represents the residence; the section does not require proof of it before issuance.

The distance is measured from the county in which the suit is pending — from the county, not from the courthouse — which matters in the large counties of west Texas.

The 150 miles here matches the arrest privilege provision, which computes its protected period by allowing one day of travel for each 150 miles. The figure is the chapter's unit of reasonable daily travel.