How to Domesticate and Serve an Out-of-State Subpoena in Texas
Texas is a UIDDA state. Under Texas Rule of Civil Procedure 201.3, effective August 31, 2025, an out-of-state litigant domesticates a foreign subpoena by submitting it to the clerk of a district or county court in the Texas county where discovery is sought. The clerk must promptly issue a Texas subpoena incorporating the terms of the out-of-state subpoena. No Texas local counsel is required, because the request does not constitute an appearance. A district clerk charges $8.00 to issue a subpoena, including one copy. Witness tender depends on the command: $10.00 per day for a witness who must attend and testify, or $1.00 for a records custodian who produces without appearing. Service runs under Rules 176 and 205, subject to a 150-mile limit. Premises inspections are excluded and still require a court order.
Who this guide is for, and why it matters
This is a statute-cited walkthrough for out-of-state attorneys, paralegals and legal-operations teams seeking discovery in Texas — deposition testimony, documents, records, electronically stored information or tangible things — from a witness or records custodian located in Texas for a case pending in another state.
It matters because the rule is new. Clerk issuance only became available on August 31, 2025, so a great deal of published guidance still describes the mandate-and-writ procedure it replaced, and firms are still budgeting for Texas counsel they no longer need at the issuance stage. Below: what the rule requires, which county, the clerk charge, what the witness must be tendered, who may serve, and the two categories the rule does not reach.
Table of Contents
- Texas out-of-state subpoena requirements at a glance
- What changed in 2025, and what it replaced
- How do you domesticate an out-of-state subpoena in Texas?
- Texas out-of-state subpoena rules, question by question
- Common misconceptions about Texas out-of-state subpoenas
- What does Countrywide Process do on a Texas subpoena?
- Fact vs. inference
- Sources and authorities
Texas out-of-state subpoena requirements at a glance
Texas domesticates out-of-state subpoenas through clerk issuance under Rule 201.3: no local counsel, an $8.00 district clerk fee, a 150-mile service radius, and a court order still required for premises inspections.
| Requirement | Texas |
|---|---|
| Governing rule | Tex. R. Civ. P. 201.3 (Misc. Docket No. 25-9060), effective August 31, 2025 |
| Authorizing legislation | HB 3929, Act of May 21, 2023, 88th Leg., R.S., ch. 616. It authorized the Court to adopt UIDDA before September 1, 2025; it did not itself enact it |
| Where to submit | Clerk of a district or county court in the Texas county where discovery is sought |
| Court action required | None. The clerk issues the subpoena ministerially — no motion, no hearing, no Texas case filing |
| Texas local counsel | Not required. Submission to the clerk is not an appearance |
| Clerk issuance fee | $8.00 for a district clerk, including one copy (Tex. Gov’t Code § 51.318(b)(1)). County clerk fees are set separately — confirm with the specific office |
| Witness tender — attend and testify | $10.00 per day, paid at the time of service (Tex. Civ. Prac. & Rem. Code § 22.001) |
| Witness tender — records only | $1.00 for production or certification (Tex. Civ. Prac. & Rem. Code § 22.004) |
| Service authority | Tex. R. Civ. P. 176 (subpoenas) and 205 (discovery from non-parties) |
| Distance limit | 150 miles (Tex. Civ. Prac. & Rem. Code § 22.002; Tex. R. Civ. P. 176.3) |
| Premises inspections | Excluded from clerk issuance. A court order is still required |
| Scope of Rule 201.3 | Proceedings pending in other U.S. states and territories. Discovery for foreign-country proceedings runs under amended Rule 201.2 |
| What the clerk issues | A Texas subpoena incorporating the terms of the out-of-state subpoena, issued promptly and without judicial involvement |
What changed in 2025, and what it replaced
Before 31 August 2025 there was no clerk-issuance route in Texas. An out-of-state litigant had to obtain a mandate, writ or commission from the originating court and then have a Texas court act on it — which meant judicial intervention and, in practice, Texas counsel.
The Texas Legislature passed HB 3929 in 2023, but the statute did not itself enact the uniform act. It authorized the Supreme Court of Texas to adopt the Uniform Interstate Depositions and Discovery Act as rules of civil procedure before 1 September 2025. The Court proposed the new rule in April 2025, took public comment through 1 August, and issued the final order on 29 August — two days before its deadline.
Once a subpoena is domesticated the Texas instrument stands on its own appropriate authority for taking testimony or compelling production in Texas. The practical difference is the removal of a court from the process. Under the old route a Texas judge had to be persuaded to give effect to another state’s process. Under Rule 201.3 the clerk acts ministerially: a party submits the foreign subpoena and the clerk issues an equivalent Texas subpoena. No miscellaneous proceeding is opened, no cause number of its own is assigned, and no judge sees the request unless someone later contests it.
How do you domesticate an out-of-state subpoena in Texas?
Domesticating a foreign subpoena in Texas takes five steps: identify the county, obtain the Texas form, submit the foreign subpoena to the clerk, receive the issued Texas subpoena, then serve it with the correct witness tender.
- Identify the Texas county where the deposition, records production, or inspection is sought. That county’s district or county court clerk is the issuing office.
- Obtain the correct county subpoena form. Texas has no single statewide form; clerks maintain their own.
- Submit the foreign subpoena to the clerk, together with the completed Texas form and the $8.00 issuance fee.
- Receive the Texas subpoena issued by the clerk. It must incorporate the terms of the foreign subpoena.
- Serve the Texas subpoena under Rule 176, tendering the correct witness fee at the time of service.
Texas out-of-state subpoena rules, question by question
What rule governs out-of-state subpoenas in Texas?
Texas Rule of Civil Procedure 201.3 governs out-of-state subpoenas. The Texas Supreme Court adopted it by Misc. Docket No. 25-9060, effective August 31, 2025, for discovery sought in Texas in support of an out-of-state proceeding.
The sequence matters for citation purposes. HB 3929 did not enact UIDDA in Texas. It provided that before September 1, 2025 the Supreme Court of Texas may adopt the Act as rules of civil procedure. The Court proposed the rule in April 2025, took public comment through August 1, and issued the final order on August 29, two days before the statutory deadline.
Under the former Rule 201.2 route, a party seeking Texas discovery had to obtain a mandate or writ from the out-of-state court and then have a Texas court enforce it, which in practice meant local counsel and a Texas proceeding. Rule 201.3 replaced that with a ministerial clerk process requiring no judicial involvement at all.
Does a Texas out-of-state subpoena require local counsel?
No. Texas local counsel is not required to domesticate a foreign subpoena. Submitting a foreign subpoena to a Texas clerk is not an appearance in a Texas court, so it does not trigger the requirement to be licensed in Texas.
This is the single most consequential feature of Rule 201.3 for out-of-state firms. It removes both the cost and the delay of retaining Texas counsel for what is a records or deposition request.
Where do you file a foreign subpoena in Texas?
Submit the foreign subpoena to a Texas court clerk in the county where the discovery is sought — either a district court or a county court — not where the underlying case is pending and not where the opposing party is located.
The county is fixed by where the discovery happens, not by where the witness resides, though in most matters those are the same place. If a deposition is to be taken in Bexar County and records are held in Harris County, those are two separate submissions to two separate clerks. Texas has 254 counties, and the district court and county court clerks in a given county may have different intake preferences.
How much does it cost to issue a subpoena in Texas?
A district clerk charges $8.00 to issue a subpoena, including one copy, under Texas Government Code § 51.318(b)(1). This is separate from the witness fee tendered at service and from the cost of service itself.
Two qualifications. The fee is collected when the service is performed or requested, and it is the obligation of the party initiating the request. And § 51.318 sets fees for district clerks; Rule 201.3 also permits submission to a county court clerk, whose fees are set under a different schedule. Where a county court is the issuing office, confirm the fee with that office rather than assuming $8.00.
What witness fee must be tendered with a Texas subpoena?
The tender depends on what the subpoena commands. A witness commanded to attend and testify is entitled to $10.00 per day. A records custodian who produces documents without appearing is entitled to $1.00.
Two details matter in practice. First, the party who summons the witness pays one day’s fee at the time the subpoena is served — not afterward. Second, a custodian who produces records but is not required to appear is not entitled to the daily attendance fee. Tendering the wrong amount is a common reason a Texas subpoena is challenged.
How far can a Texas subpoena compel someone to travel?
150 miles. A witness may be subpoenaed if they reside within 150 miles of the county where the suit is pending, or can be found within that distance. The $10.00 daily fee covers travel; no separate mileage reimbursement is owed.
Who can serve a subpoena in Texas?
A subpoena may be served by a sheriff or constable, or by any person who is not a party to the case and is 18 years of age or older. Texas does not require a court-appointed server for a subpoena issued under Rule 201.3.
The practical consequence is that a qualified non-party adult can complete service, so the question is not whether a server holds a special appointment but whether the service and the witness tender are documented well enough to survive a challenge. Proof of service returns to the requesting party for use in the originating court.
How is a subpoena served in Texas?
A Texas subpoena is served under Rule 176, with discovery from non-parties governed by Rule 205. Service is made by a person authorized under Texas law, and proof of service is returned to the issuing party.
Rule 205 matters when the target is a non-party, which is the usual posture in a domesticated subpoena. It sets the notice requirements that sit alongside the subpoena itself — reasonable notice to the other parties before the discovery occurs, and a reasonable time for the witness to comply.
Once issued, the Texas subpoena is served in the same manner and through the same process as any Texas subpoena. It is a Texas instrument at that point, not a foreign one, and the fact that the underlying proceeding is pending elsewhere makes no difference to how it is served or to who may serve it.
Where are objections and discovery disputes decided?
In Texas, under Texas discovery procedure. Objections, motions to quash and applications for a protective order relating to a subpoena issued under Rule 201.3 are handled by the Texas court in the county where the discovery is sought, applying Texas rules.
Two consequences follow. An order from the originating court has no direct effect on a Texas clerk-issued subpoena, so enforcement and relief both run through Texas. And this is the one stage that pulls a judge back into a process otherwise designed to avoid judicial intervention — which is also the point at which Texas counsel stops being optional.
Can a Texas subpoena compel a premises inspection?
No. Premises inspections are excluded from the clerk-issuance route under Rule 201.3. A court order is still required to compel entry onto or inspection of land or property in Texas.
This is the first of two Texas-specific limits that catch out-of-state practitioners who assume clerk issuance covers every category of discovery.
Does Rule 201.3 cover discovery for a case pending in another country?
No. Rule 201.3 applies to proceedings pending in other U.S. states and territories. Discovery sought for a foreign-country proceeding runs under Rule 201.2, which the Court amended in the same order to clarify that limit.
The same order that created Rule 201.3 narrowed Rule 201.2 so the two tracks no longer overlap. If the underlying matter is pending outside the United States, the clerk-issuance route is not available.
What kinds of discovery can a domesticated Texas subpoena command?
Three commands: attend and give testimony at an oral deposition, produce and permit inspection of designated documents, records, electronically stored information or tangible things, or permit inspection of premises — though premises inspections are carved out of clerk issuance.
The mechanics of the deposition itself remain Texas mechanics. Oral examination runs under the Texas rules governing oral depositions, depositions on written questions have their own route, and the deposition is taken before an officer authorized to administer the oath. Document requests directed at a non-party custodian, where no appearance is commanded, are the most common use of the rule and carry the lower witness tender.
What documents does the Texas clerk need?
Clerks generally require the original or a copy of the foreign subpoena, a completed county subpoena form, and the $8.00 fee. Requirements vary slightly by county, so the form must match the specific clerk’s office.
Common misconceptions about Texas out-of-state subpoenas
Four assumptions cause most rejected Texas submissions: that local counsel is needed, that a Texas case must be opened, that one statewide form exists, and that a single witness fee applies to every subpoena.
| Assumption | Reality |
|---|---|
| “We need Texas counsel to do this.” | Not since Rule 201.3. Clerk submission is not an appearance. |
| “We have to open a Texas case first.” | No Texas case is filed. The clerk issues without a cause number of its own. |
| “There is a statewide Texas subpoena form.” | There is not. Forms are county-specific. |
| “The witness fee is the same either way.” | $10.00 per day to attend and testify; $1.00 for records produced without appearance. |
| “Clerk issuance covers any kind of discovery.” | Premises inspections are excluded and still need a court order. |
| “The $8.00 fee applies at every clerk.” | $8.00 is the district clerk fee. County court clerks operate on a separate schedule. |
| “We can file where our case is pending.” | Submission goes to the county where the discovery is sought. |
| “Mileage is reimbursed at the federal rate.” | Not on a Texas state-court subpoena. The $10.00 daily fee is inclusive of travel and no separate mileage is owed. The federal per-mile rate belongs to federal practice — conflating the two is a common error in published guidance. |
| “A miscellaneous proceeding gets opened.” | No. The clerk issues without opening a case of its own or assigning a separate cause number. |
What does Countrywide Process do on a Texas subpoena?
Countrywide Process provides the correct county forms, delivers the package to the right clerk for issuance, advances all fees, serves the issued Texas subpoena through a professional process server, and returns proper proof of service.
Countrywide Process does not prepare legal documents. The attorney completes the subpoena; Countrywide supplies the correct blank county form, files and delivers it, arranges service, and returns the proof. That division is deliberate and it is what keeps the work squarely within a process-serving and court-filing role.
Because clerk requirements and forms differ by county, the practical value is knowing which of the 254 counties wants what, and getting the tender amount right on the first attempt.
Fact vs. inference
Every statement marked FACT is verified against primary Texas sources. Statements marked INFERENCE follow from those sources as practical guidance but are not themselves stated in any rule.
| Status | Statement |
|---|---|
| FACT | Rule 201.3 was adopted by Misc. Docket No. 25-9060 and took effect August 31, 2025. HB 3929 authorized the adoption; it did not enact UIDDA itself. |
| FACT | A request for issuance under Rule 201.3 does not constitute an appearance — stated in the rule text itself. |
| FACT | The clerk must promptly issue a subpoena incorporating the terms of the out-of-state subpoena. |
| FACT | Texas modified the uniform act to exclude premises-inspection subpoenas, retaining the court-order requirement for both in-state and out-of-state litigation (Court’s Comment to 2025 change). |
| FACT | A district clerk collects $8.00 for issuing a subpoena including one copy, and the fee is the obligation of the requesting party (Gov’t Code § 51.318). |
| FACT | A witness is entitled to $10.00 for each day of court attendance, inclusive of travel, with no separate mileage reimbursement (CPRC § 22.001). |
| FACT | The summoning party pays one day’s witness fee at the time the subpoena is served (CPRC § 22.001(b)). |
| FACT | A records custodian is entitled to $1.00 for production or certification, and is not entitled to the daily attendance fee if not required to appear (CPRC § 22.004). |
| FACT | The 150-mile subpoena distance limit is set by CPRC § 22.002. |
| INFERENCE | Separate submissions are needed when discovery is sought in more than one Texas county. This follows from the county-of-discovery rule but is not spelled out. |
| INFERENCE | Turnaround varies by county clerk. The rule requires the clerk to act promptly but sets no deadline in days, so timing is confirmed with the destination county at intake rather than promised. Published figures quoting a fixed number of business days are not drawn from the rule. |
| FACT | No separate mileage reimbursement is owed on a Texas state-court subpoena — the daily witness fee is inclusive of travel (CPRC § 22.001). |
| INFERENCE | County court clerk fees are assumed to differ from the district clerk $8.00. The separate schedule is a fact; the amount at any given county office is not asserted here. |
Sources and authorities
- Civ. Prac. & Rem. Code ch. 22 (witness fees, distance, custodian fees) — https://statutes.capitol.texas.gov/Docs/CP/pdf/CP.22.pdf
- Civ. Prac. & Rem. Code § 22.001 (witness fees) — https://statutes.capitol.texas.gov/Docs/CP/htm/CP.22.htm#22.001
- R. Civ. P. 201.3, final order — Supreme Court of Texas, Misc. Docket No. 25-9060: https://www.txcourts.gov/media/1461159/259060.pdf
- Preliminary approval and Comment to 2025 change — Docket No. 25-9021: https://www.txcourts.gov/media/1460472/259021.pdf
- HB 3929, Act of May 21, 2023, 88th Leg., R.S., ch. 616 — Texas Legislature Online, capitol.texas.gov
- Gov’t Code § 51.318 (district clerk fees) — https://statutes.capitol.texas.gov/Docs/GV/htm/GV.51.htm#51.318
- R. Civ. P. 176 and 205 — Texas Rules of Civil Procedure (txcourts.gov)
Frequently Asked Questions
Yes. Texas Rule of Civil Procedure 201.3 took effect August 31, 2025, giving out-of-state litigants a clerk-issuance route for foreign subpoenas.
No. Submitting a foreign subpoena to a Texas clerk is not an appearance, so no Texas local counsel is required.
A district clerk charges $8.00 to issue a subpoena, including one copy. County court clerks use a separate fee schedule, so confirm with that office.
$10.00 per day for a witness who must attend and testify. $1.00 for a records custodian producing without appearing.
At the time the subpoena is served. The summoning party pays one day’s fee then, not after the appearance.
The county where the discovery is sought — where the witness will be deposed or the records are held.
150 miles. The daily witness fee covers travel, and no separate mileage reimbursement is owed.
No. Premises inspections are excluded from clerk issuance and still require a court order.
No. Rule 201.3 covers proceedings in other U.S. states and territories. Foreign-country discovery runs under amended Rule 201.2.
No. Countrywide Process provides the correct blank county form for your attorney to complete, then files it, arranges service, and returns proof of service.
