How to Domesticate an Out of State Subpoena in Texas under TRCP 201.2

Do you need to Domesticate and Serve an Out of State Subpoena in Texas pursuant to Texas Rules of Civil Procedure, Rule 201.2.?

 

Texas Foreign Subpoena Domestication and Service of Process

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201.2 Depositions in Texas for Use in Proceedings in Foreign Jurisdictions.
"If a court of record of any other state or foreign jurisdiction issues a mandate, writ, or commission that 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."

​Do you need to domesticate an out of state subpoena (aka "foreign subpoena") and have it served in Texas pursuant to Texas Rules of Civil Procedure, Rule 201.2?

A Texas subpoena may only be issued by: (1) an attorney authorized to practice in the Texas; (2) a Texas court clerk; or (3) an officer authorized to take deposition in Texas. (TRCP 176.4)

Texas law requires that a subpoena be served at any place in Texas by any sheriff, constable, or person who is not a party and is 18 year of age or older by delivering a copy of the subpoena to the witness and tendering any required fees (TRCP 176.5).

Our experienced staff can assist to draft and issue a Texas subpoena pursuant to Texas Rules of Civil Procedure, Rule 201.2 for you same day and have it served right away. Please call or email to have a subpoena domesticated and served in Texas professionally and without delay. 

We can also advance a check at the time of service for the required witness fee pursuant to Texas rules. If the required witness fee is not included at the time of service it may render the subpoena defective.  

Please call or email to have a subpoena domesticated and served in Texas professionally and without delay.

What is a Subpoena? 

A subpoena is a document that orders a named individual to personally appear at a trial or hearing to:

1) give testimony (known as a Subpoena Ad Testificandum) or

2) to produce documents or objects to be used at a trial or hearing as evidence (known as a Subpoena Duces Tecum).

 

Subpoena Ad Testificandum – Use this subpoena when an individual's testimony at a trial or hearing is needed. 

Subpoena Duces Tecum – Use this subpoena when an individual's appearance and production of documents or other objects are needed at a trial or hearing. 

Disclaimer

Due to the rapidly changing nature of the law, there may be times when the material on this page is not current. We have made every effort to provide complete and accurate information of the general rules governing domestication and service of process of subpoenas in Texas. However, we cannot guarantee the current accuracy of the above listed content, it is provided for general information purposes only and is not intended as legal advice. We assume no liability whatsoever and will not be held responsible directly or indirectly for any damages resulting from any errors, omissions, inaccuracies or your reliance on this partial information.