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Subpoenas: compelling witnesses and documents

A subpoena reaches witnesses and records, within limits the rules set. Below are the controlling rules, quoted word for word — the same text our citation gate verifies against — so you can read what actually governs instead of a paraphrase.

Tex. R. Civ. P. 176 — Subpoenas

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

other person affected by the subpoena, may move for a protective order under Rule 192.6(b)--before the time specified for compliance--either in the court in which the action is pending or in a district court in the county where the subpoena was served. The person must serve the motion on all parties in accordance with Rule 21a. A person need not comply with the part of a subpoena from which protection is sought under this paragraph unless ordered to do so by the court. The party requesting the subpoena may seek such an order at any time after the motion for protection is filed. (f) Trial subpoenas. A person commanded to attend and give testimony, or to produce documents or things, at a hearing or trial, may object or move for protective order before the court at the time and place specified for compliance, rather than under paragraphs (d) and (e). 176.7 Protection of Person from Undue Burden and Expense. A party causing a subpoena to issue must take reasonable steps to avoid imposing undue burden or expense on the person served. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance, protection from disclosure of privileged material or information, and protection from undue burden or expense. The court may impose reasonable conditions on compliance with a subpoena, including compensating the w…

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Tex. R. Civ. P. 500.7 — 7. Subpoenas

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

on the witness’s attorney of record. Proof of service must be made by filing either: (1) the witness’s signed written memorandum attached to the subpoena showing that the witness accepted the subpoena; or (2) a statement by the person who made the service stating the date, time, and manner of service, and the name of the person served. (e) Compliance Required. A person commanded by subpoena to appear and give testimony must remain at the hearing or trial from day to day until discharged by the court or by the party summoning the witness. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization. (f) Objection. A person commanded to attend and give testimony at a hearing or trial may object or move for a protective order before the court at or before the time and place specified for compliance. A party causing a subpoena to issue must take reasonable steps to avoid imposing undue burden or expense on the person served. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance and pro…

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Tex. R. Civ. P. 510.14 — 14. Subpoenas

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

on the witness’s attorney of record. Proof of service must be made by filing either: (1) the witness’s signed written memorandum attached to the subpoena showing that the witness accepted the subpoena; or (2) a statement by the person who made the service stating the date, time, and manner of service, and the name of the person served. (e) Compliance Required. A person commanded by subpoena to appear and give testimony must remain at the hearing or trial from day to day until discharged by the court or by the party summoning the witness. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization. (f) Objection. A person commanded to attend and give testimony at a hearing or trial may object or move for a protective order before the court at or before the time and place specified for compliance. A party causing a subpoena to issue must take reasonable steps to avoid imposing undue burden or expense on the person served. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance and pro…

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Tex. R. Civ. P. 201 — Discovery In Other States And Foreign Countries For Use

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

requires a witness’s oral or written deposition testimony in this State, the witness may be compelled to appear and testify in the same manner and by the same process used for taking testimony in a proceeding pending in this State. 201.3 Discovery in Texas for Use in Proceedings in Other States. (a) Definitions. (1) “Out-of-state subpoena” means a subpoena issued under the authority of a court in another state. (2) “Subpoena” means a document issued under the authority of a court requiring a person or entity to: A. attend and give testimony at a deposition on oral examination or written questions; or B. produce documents or tangible things. (b) Issuance of Subpoena. (1) Request. To request issuance of a subpoena, a party must submit an out-of-state subpoena to a clerk of a district or county court in the county in which discovery is sought to be conducted in Texas. A request for the issuance of a subpoena under this rule does not constitute an appearance in a Texas court. (2) Clerk Duties. When a party submits an out-of-state subpoena to a Texas court clerk, the clerk must promptly issue a subpoena for service on the person or entity to which the out-of-state subpoena is directed. (3) Subpoena Contents. A subpoena under paragraph (2) must: A. incorporate the terms used in the out-of-state subpoena; and B. contain or be accompanied by the…

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Rule text is reproduced verbatim from official sources as held in the DocketRouter corpus; rules are amended, so always confirm against the linked official source before filing. Not legal advice and not a law firm. If you can get a lawyer or free legal aid, do.