Back to Main Page / Back to List of Rules

Rule 176.4. Who May Issue

TEXT

A subpoena may be issued by:

(a) the clerk of the appropriate district, county, or justice court, who must provide the party requesting the subpoena with an original and a copy for each witness to be completed by the party;

(b) an attorney authorized to practice in the State of Texas, as an officer of the court; or

(c) an officer authorized to take depositions in this State, who must issue the subpoena immediately on a request accompanied by proof of service of a notice to take a deposition under Rules 199 or 200, or a notice under Rule 205.3.

Aug. 4, 1998, eff. Jan. 1, 1999.

Notes and comments: Comments to 1999 change: This rule combines the former rules governing subpoenas for trial and discovery. When a subpoena is used for discovery, the protections from undue burden and expense apply, just as with any discovery.

AMENDMENTS