![]() You don’t have to, but probably should to ensure compliance. (TRCP 176.4)ĭo I need to open an ancillary proceeding in a Texas court to serve a subpoena? ![]() What are the requirements of a Texas subpoena?Įvery subpoena must: (1) be issued in the name of the State of Texas (2) state the style of the suit and its cause number (3) state the court in which the suit is pending (4) state the date on which the subpoena is issued (5) identify the person to whom the subpoena is directed (6) state the time, place, and nature of the action required by the person to whom the subpoena is directed (7) identify the person at whose instance the subpoena is issued, and the party’s attorney of record (8) state the text of the rule regarding contempt and (9) be signed by the person issuing the subpoena (TRCP 176.1).Ī Texas subpoena may only be issued by: (1) an attorney authorized to practice in the Texas (2) a Texas court clerk or (3) an officer authorized to take deposition in Texas. A Texas court will not enforce an out-of-state subpoena against a Texas citizen. ![]() Under Texas law, the subpoena is the instrument that compels a non-party to comply with discovery requests.Texas requires the party seeking the discovery to obtain a “mandate, writ, or commission” from the out-of-state court requiring the specifically sought discovery (TRCP 201.2).ĭo I need a Texas subpoena in order to serve discovery on a Texan non-party? Texas courts will also allow out-of-state parties to compel discovery via a stand-alone document request.ĭo I have to get permission from the out-of-state court before serving discovery on a Texas non-party? Both types of depositions can include document requests. Texas Rule of Civil Procedure 201.2 allows a party to an out-of-state proceeding to compel discovery from a Texas resident via an oral deposition or a deposition on written questions. What types of discovery requests are allowed for non-parties? There are unique features to every situation and particular local rules which may result in a different answer than is given here, but this is intended to be a helpful primer for out-of-state lawyers who need to secure discovery from a Texas non-party. Here are some of the questions we’re routinely asked regarding out-of-state discovery. ![]() An important part of our practice is assisting lawyers from around the country serve and enforce such discovery requests. As such, out-of-state parties who wish to seek discovery from Texas individuals or entities must comply with a confusing set of rules found in the Texas Rules of Civil Procedure. Texas is one of the few states which has not adopted the Uniform Interstate Depositions and Discovery Act. ![]()
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