Tex. R. Civ. P. 205

DISCOVERY FROM NON-PARTIES

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RULE 205. DISCOVERY FROM NON-PARTIES
205.1 Forms of Discovery; Subpoena Requirement.
A party may compel discovery from a nonparty--that is, a person who is not a party or subject to
a party's control--only by obtaining a court order under Rules 196.7, 202, or 204, or by serving a
subpoena compelling:
(a) an oral deposition;
(b) a deposition on written questions;
(c) a request for production of documents or tangible things, pursuant to Rule
199.2(b)(5) or Rule 200.1(b), served with a notice of deposition on oral examination
or written questions; and
(d) a request for production of documents and tangible things under this rule.
205.2 Notice.
A party seeking discovery by subpoena from a nonparty must serve, on the nonparty and all parties,
a copy of the form of notice required under the rules governing the applicable form of discovery.
A notice of oral or written deposition must be served before or at the same time that a subpoena
compelling attendance or production under the notice is served. A notice to produce documents or
tangible things under Rule 205.3 must be served at least 10 days before the subpoena compelling
production is served.
205.3 Production of Documents and Tangible Things Without Deposition.
(a) Notice; subpoena. A party may compel production of documents and tangible things
from a nonparty by serving - reasonable time before the response is due but no later than
30 days before the end of any applicable discovery period - the notice required in Rule
205.2 and a subpoena compelling production or inspection of documents or tangible things.
(b) Contents of notice. The notice must state:
(1) the name of the person from whom production or inspection is sought to be
compelled;
(2) a reasonable time and place for the production or inspection; and
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(3) the items to be produced or inspected, either by individual item or by category,
describing each item and category with reasonable particularity, and, if applicable,
describing the desired testing and sampling with sufficient specificity to inform the
nonparty of the means, manner, and procedure for testing or sampling.
(c) Requests for production of medical or mental health records of other non-parties. If
a party requests a nonparty to produce medical or mental health records of another
nonparty, the requesting party must serve the nonparty whose records are sought with the
notice required under this rule. This requirement does not apply under the circumstances
set forth in Rule 196.1(c)(2).
(d) Response. The nonparty must respond to the notice and subpoena in accordance with
Rule 176.6.
(e) Custody, inspection and copying. The party obtaining the production must make all
materials produced available for inspection by any other party on reasonable notice, and
must furnish copies to any party who requests at that party's expense.
(f) Cost of production. A party requiring production of documents by a nonparty must
reimburse the nonparty's reasonable costs of production.
Notes and Comments
Comments to 1999 change: Under this rule, a party may subpoena production of documents and
tangible things from nonparties without need for a motion or oral or written deposition.
[RULE 206 to 208. Repealed effective January 1, 1999]
[RULE 208a. Repealed effective April 1, 1984]
[RULE 209. Repealed effective January 1, 1999]
[RULES 210 to 214. Repealed effective April 1, 1984]

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