Subpoenas: Issuing and Serving a Subpoena (TX)

by Practical Law Litigation

A Practice Note explaining how to properly issue and serve a subpoena in Texas civil litigation to obtain documentary evidence or compel witness testimony. This Practice Note details the different types of subpoenas available under the Texas Rules of Civil Procedure (TRCP), including testimonial, deposition, and document subpoenas. It provides guidance on the essential steps for ensuring a subpoena is enforceable, such as determining the correct issuing court, adhering to notice requirements for parties and witnesses, and following proper service methods for both individuals and organizations. Additionally, this Practice Note discusses key practical considerations, including the statutory fees and production costs payable to the witness, the territorial limitations on a subpoena's reach, and the requirements for filing proof of service. It also offers an overview of procedures for handling cross-border discovery to depose witnesses in other states and countries.