This template is a subpoena duces tecum that a party to a civil action in a Texas district or county court can use to compel a nonparty to produce documents or other tangible things without requiring the nonparty to testify at a deposition. This template includes practical guidance, drafting notes, and an optional clause. Sometimes, a potential witness or other person with important evidence regarding your client's case may not be a party to an action. To allow parties to obtain such evidence, Texas courts permit them to serve nonparties within Texas with a subpoena compelling the nonparty to produce documents or tangible things. See Tex. R. Civ. P. 205.3, 205.1, 176.2. The subpoena must be issued in the name of "The State of Texas" and must: • State the style of the suit and its cause number • State the court in which the suit is pending • State the date on which the subpoena is issued • Identify the person to whom the subpoena is directed • State the time, place, and nature of the action required by the person to whom the subpoena is directed • Identify the party who is requesting the subpoena and the party's attorney of record, if any • Include the following text: o "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." See Tex. R. Civ. P. 176.8(a). • Be signed by the person issuing the subpoena Tex. R. Civ. P. 176.1. The subpoena must be served a reasonable time before the response is due but no later than 30 days before the end of the applicable discovery period. Tex. R. Civ. P. 205.3(a). It cannot require the party to produce documents or other things in a county that is more than 150 miles from where the nonparty resides or is served. Tex. R. Civ. P. 176.3. When serving the subpoena, you must also provide the nonparty with the required $1 fee. Tex. R. Civ. P. 176.5(a), Tex. Civ. Prac. & Rem. Code § 22.004. After serving the subpoena, you must file a copy of the subpoena and proof of service with the court. Tex. R. Civ. P. 191.4(b)(1), 176.5(b). Note that at least 10 days before serving the subpoena, you must serve the nonparty and all other parties to the action with a notice stating: • The name of the person from whom you are seeking production or inspection • A reasonable time and place for the production or inspection • The items to be produced or inspected, either by individual item or by category o Describe each item and category with reasonable particularity.o If you wish to test or sample any items, describe the desired testing and sampling procedures with sufficient specificity to inform the nonparty of the means, manner, and procedure for testing or sampling. Tex. R. Civ. P. 205.3(b), 205.2. You must also serve all parties of record with a copy of the subpoena. Tex. R. Civ. P. 21(a), 21a(a), 191.5. When filing the subpoena and notice with the court, attach a certificate of service showing service of copies on all parties. See Tex. R. Civ. P. 21a(e). For more details on service generally, see Filing and Serving Paper Documents Checklist (TX) and E-filing and E-service in State Court (TX). Note that some courts may provide deposition subpoena forms that you may or must use instead of drafting your own (see, e.g., Judicial District Court of Harris County subpoena form), so be sure to check your court's local rules and website. For a more detailed discussion on discovery subpoenas in Texas, see Discovery Subpoenas: Drafting, Issuing, Serving, and Enforcing (TX). For a template subpoena used to compel a nonparty to attend and testify at a deposition, see Subpoena for Deposition Examination (TX). For discussion of requests for production of documents from a party, see Document Requests: Drafting and Serving RFPs and Handling Responses (TX). For a related template, see Requests for Production of Documents (RFPs) (TX). For a full listing of key content covering fundamental civil litigation tasks throughout a Texas state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (TX).