Texas
The party seeking the subpoena must comply with the following state statutes:
Serving the subpoena:
Click here for Texas TRCP 176.5 (see page 116):
Click here for Texas Sample Subpoena Form:
Click here for Texas Court Main Forms Website
Required Steps:
Different ways to take the deposition:
- Notice: A party may take the deposition by notice in accordance with these rules as if the deposition were taken in Texas, except that the deposition officer may be a person authorized to administer oaths in the place where the deposition is taken.
- Letter rogatory: On motion by a party, the court in which an action is pending must issue a letter rogatory on terms that are just and appropriate, regardless of whether any other manner of obtaining the deposition is impractical or inconvenient. The letter must:
- Be addressed to the appropriate authority in the jurisdiction in which the deposition is to be taken;
- Request and authorize that authority to summon the witness before the authority at a time and place stated in the letter for examination on oral or written questions; and
- Request and authorize that authority to cause the witness’s testimony to be reduced to writing and returned, together with any items marked as exhibits, to the party requesting the letter rogatory.
- Court order: By letter of request or other such device. On motion by a party, the court in which an action is pending, or the clerk of that court, must issue a letter of request or other such device in accordance with an applicable treaty or international convention on terms that are just and appropriate. The letter or other device must be issued regardless of whether any other manner of obtaining the deposition is impractical or inconvenient. The letter or other device must:
- Be in the form prescribed by the treaty or convention under which it is issued, as presented by the movant to the court or clerk; and
- Must state the time, place, and manner of the examination of the witness.
As per Texas Rule 176.1, the following is required when issuing a Texas subpoena:
- Every subpoena must be issued in the name of “The State of Texas” and must:
- State the style of the suit and its cause number;
- State the court in which the suit is pending;
- State the date on which the subpoena is issued;
- Identify the person to whom the subpoena is directed;
- State the time, place, and nature of the action required by the person to whom the subpoena is directed, as provided in Rule 176.2;
- Identify the party at whose instance the subpoena is issued, and the party’s attorney of record, if any;
- State the text of Rule 176.8(a); and
- Be signed by the person issuing the subpoena
Witness fees:
As per Texas Civil Practice and Remedies Code 22.001, witness fees are $10 a day. Witnesses are not entitled to mileage.
Notice time:
For oral deposition, notice must be a reasonable time (TRCP 199.2(a) See page 141).
Notice to adverse parties:
A party seeking discovery by subpoena from a nonparty must serve, on the nonparty and all parties, a copy of the form of notice required under the rules governing the applicable form of discovery (TRCP 205.2 See page 153).