Tex. R. Civ. P. 176

SUBPOENAS

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RULE 176. SUBPOENAS
176.1 Form.
Every subpoena must be issued in the name of "The State of Texas" and must:
(a) state the style of the suit and its cause number;
(b) state the court in which the suit is pending;
(c) state the date on which the subpoena is issued;
(d) identify the person to whom the subpoena is directed;
(e) state the time, place, and nature of the action required by the person to whom the
subpoena is directed, as provided in Rule 176.2;
(f) identify the party at whose instance the subpoena is issued, and the party's attorney
of record, if any;
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(g) state the text of Rule 176.8(a); and
(h) be signed by the person issuing the subpoena.
176.2 Required Actions.
A subpoena must command the person to whom it is directed to do either or both of the following:
(a) attend and give testimony at a deposition, hearing, or trial;
(b) produce and permit inspection and copying of designated documents or tangible
things in the possession, custody, or control of that person.
176.3 Limitations.
(a) Range. A person may not be required by subpoena to appear or produce documents or
other things in a county that is more than 150 miles from where the person resides or is
served. However, a person whose appearance or production at a deposition may be
compelled by notice alone under Rules 199.3 or 200.2 may be required to appear and
produce documents or other things at any location permitted under Rules 199.2(b)(2).
(b) Use for discovery. A subpoena may not be used for discovery to an extent, in a manner,
or at a time other than as provided by the rules governing discovery.
176.4 Who May Issue.
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 a notice to take a deposition under Rules
199 or 200, or a notice under Rule 205.3, and who may also serve the notice with
the subpoena.
176.5 Service.
(a) Manner of service. A subpoena may be served at any place within the State of Texas by
any sheriff or constable of the State of Texas, or any person who is not a party and is 18
years of age or older. A subpoena must be served by delivering a copy to the witness and
tendering to that person any fees required by law. If the witness is a party and is represented
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by an attorney of record in the proceeding, the subpoena may be served on the witness's
attorney of record.
(b) Proof of service. 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.
176.6 Response.
(a) Compliance required. Except as provided in this subdivision, a person served with a
subpoena must comply with the command stated therein unless discharged by the court or
by the party summoning such witness. A person commanded to appear and give testimony
must remain at the place of deposition, hearing, or trial from day to day until discharged
by the court or by the party summoning the witness.
(b) Organizations. 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.
(c) Production of documents or tangible things. A person commanded to produce
documents or tangible things need not appear in person at the time and place of production
unless the person is also commanded to attend and give testimony, either in the same
subpoena or a separate one. A person must produce documents as they are kept in the usual
course of business or must organize and label them to correspond with the categories in the
demand. A person may withhold material or information claimed to be privileged but must
comply with Rule 193.3. A nonparty's production of a document authenticates the
document for use against the nonparty to the same extent as a party's production of a
document is authenticated for use against the party under Rule 193.7.
(d) Objections. A person commanded to produce and permit inspection or copying of
designated documents and things may serve on the party requesting issuance of the
subpoena - before the time specified for compliance - written objections to producing any
or all of the designated materials. A person need not comply with the part of a subpoena to
which objection is made as provided in this paragraph unless ordered to do so by the court.
The party requesting the subpoena may move for such an order at any time after an
objection is made.
(e) Protective orders. A person commanded to appear at a deposition, hearing, or trial, or to
produce and permit inspection and copying of designated documents and things, and any
other person affected by the subpoena, may move for a protective order under Rule
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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 witness for undue hardship.
176.8 Enforcement of Subpoena.
(a) Contempt. Failure by any person without adequate excuse to obey a subpoena served
upon that person may be deemed a contempt of the court from which the subpoena is issued
or a district court in the county in which the subpoena is served, and may be punished by
fine or confinement, or both.
(b) Proof of payment of fees required for fine or attachment. A fine may not be imposed,
nor a person served with a subpoena attached, for failure to comply with a subpoena
without proof by affidavit of the party requesting the subpoena or the party's attorney of
record that all fees due the witness by law were paid or tendered.
Notes and Comments
Comments to 1999 change:
1. 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.
2. Rule 176.3(b) prohibits the use of a subpoena to circumvent the discovery rules.
Thus, for example, a deposition subpoena to a party is subject to the procedures of Rules 196, 199,
and 200, and a deposition subpoena to a nonparty is subject to the procedures of Rule 205.
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[RULE 177. Repealed effective January 1, 1999]
[RULE 177a. Repealed effective January 1, 1999]
[RULE 178. Repealed effective January 1, 1999]
[RULE 179. Repealed effective January 1, 1999]

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