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Rule 201.3. Discovery in Texas for Use in Proceedings in Other States (2025)

TEXT

(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.

(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 names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party who has appeared and is not represented by counsel.

(d) Depositions and Production. Rules 190 to 200 and 205 apply to subpoenas issued under paragraph (b)(2).

(e) Application to Court. An application to the issuing court for a protective order or to enforce, quash, or modify a subpoena must comply with the rules or statutes of Texas.

Added by order Aug. 29, 2025, eff. Aug. 31, 2025.

Notes and Comments

Comment to 2025 change: New Rule 201.3 is based on the Uniform Interstate Depositions and Discovery Act, in accordance with Section 1 of the Act of May 21, 2023, 88th Leg., R.S., ch. 616 (H.B. 3929). The Uniform Interstate Depositions and Discovery Act is adopted as modified by new Rule 201.3. The modification excludes that Act’s provisions permitting premises inspection by subpoena, retaining the Texas rule requiring a court order for premises inspections for both in-state and out-of-state litigation. Other clarifying and stylistic changes have been made.