Lyles v. Beto
This text of 32 F.R.D. 248 (Lyles v. Beto) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The petitioner, Burl Eugene Lyles, has filed a motion for subpoena of six witnesses, five of whom are alleged to reside at Odessa, Texas, and one at Tyler, Texas.
The Petition for Writ of Habeas Corpus is a civil action and is governed by the civil rules. Rule 45(e) (1) of the Federal Rules of Civil Procedure provides the following relative to the subpoena of witnesses for a hearing or trial:
“ * * * A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the district, or at any place without the district that is within 100 miles of the place of the hearing or trial specified in the subpoena; * *
Odessa and Tyler, Texas, are not within the Southern District of Texas and are not within 100 miles of the place of the hearing or trial, Houston, Texas.
The motion is accordingly denied.
The clerk will forward true copies hereof to counsel and the petitioner.
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Cite This Page — Counsel Stack
32 F.R.D. 248, 7 Fed. R. Serv. 2d 1241, 1963 U.S. Dist. LEXIS 10443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyles-v-beto-txsd-1963.