Litigation Note – Out-of-State Subpoenas in Texas

Package deliveryUPDATE:  The Texas Supreme Court has issued its Order in Misc. Docket No. 25-9060, adopting amendments to Texas Rule of Civil Procedure 201, effective August 31, 2025.  Rule 201, as amended, greatly simplifies the procedures for conducting discovery in Texas for use in out-of-state proceedings.  A subpoena issued by an out-of-state court is filed with the clerk of a district or county court in the county in which discovery is sought to be conducted in Texas.  The clerk is to promptly issue a subpoena for service on the person or entity to which the out-of-state subpoena is directed.  

Carefully observing Texas Rule of Civil Procedure 201, and working with experienced local counsel, should help out-of-state counsel navigate the Texas discovery landscape.


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