Art. 39.04. APPLICABILITY OF CIVIL RULES.  The rules prescribed in civil cases for issuance of commissions, subpoenaing witnesses, taking the depositions of witnesses and all other formalities governing depositions shall, as to the manner and form of taking and returning the same and other formalities to the taking of the same, govern in criminal actions, when not in conflict with this Code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.