Legal Services

	“Our clerk’s office received a subpoena request from an out-of-state attorney on a case pending in New York. What should we do with it?”

What are the rules for discovery in Texas for use in other states?

The Texas Supreme Court recently amended Rule 201 of the Texas Rules of Civil Procedure to implement the UIDDA. The amendments took effect Aug. 31, 2025, changing how parties conduct interstate discovery involving Texas witnesses.

Now, under Rule 201.3, a party simply submits an out-of-state subpoena to a court clerk in the Texas county where discovery is sought. The clerk must promptly issue an equivalent Texas subpoena incorporating the same terms. No judicial stamp of approval is required.

This new rule applies to subpoenas requiring witnesses to:

• Attend and give testimony at a deposition (oral or written).
• Or produce documents or tangible items.

Importantly, this request does not constitute an appearance in Texas courts, which means out-of-state attorneys can obtain subpoenas without needing to be licensed in Texas, seek pro hac vice admission or hire local counsel to issue and serve the subpoena.

Once issued, the Texas subpoena must be served in accordance with Rules 176 and 205 of the Texas Rules of Civil Procedure.

Legislative Note: On June 11, 2023, the Texas Legislature passed House Bill 3929, directing the Texas Supreme Court to consider adopting the UIDDA before Sept. 1, 2025. HB 3929, 88th Leg., R.S. (2023).