Subpoenas can be served by any sheriff or constable in the state of Texas or by any person eighteen years old or older and not a party to the suit. Tex. R. Civ. P. 176.5(a). This form assumes that a process server other than a sheriff or constable will serve the subpoena. This form also shows the process server’s certification of the date and time of service and that service was accomplished personally. Tex. R. Civ. P. 176.5(b)(2). Alternatively, the witness’s signed written memorandum, showing acceptance of the subpoena, may be attached. Tex. R. Civ. P. 176.5(b)(1).
This form can order the recipient to (1) appear at a deposition; (2) appear at a deposition and produce documents or other tangible items at the deposition; or (3) produce documents or other tangible items only. Rule 176 should be read carefully before altering this form to command appearance at a hearing or trial. A notice to a nonparty to produce documents or tangible things under rule 205.3 must be served at least ten days before the subpoena compelling production is served. Tex. R. Civ. P. 205.2.
Subpoena
[with Duces Tecum Language]
THE STATE OF TEXAS )
Style of Suit: [style]
Cause No.: [number]
Court: [designation and location of court]
Party Issuing Subpoena: [name of plaintiff]
Party’s Attorney of Record: [name of attorney]
To: [name of witness or person producing items]
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Include the following if the recipient is to be deposed. |
You are commanded to attend and give testimony at a deposition in the above-styled case on [date and time] at [address, city, state]. You must remain there until discharged by the court or the party summoning you.
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Include the following if the recipient is to produce documents or other tangible items. |
You are [further] commanded to produce and permit inspection and copying on [date and time] at [address, city, state], of the following documents or tangible things in your possession, custody, or control: [list documents or other items].
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Include the following if a representative of an organization is sought for deposition. |
The matters on which examination is requested are: [list matters with reasonable particularity]. You are to designate one or more persons to testify on your behalf as to matters known or reasonably available to you.
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Continue with the following. |
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.
Date: [date]
[Name of attorney]
Return
I certify that I personally served [name of witness or person producing items] with a copy of this subpoena on ______________________________ at ______________. I also tendered to the witness the witness fees required by law at the time the subpoena was delivered.
[Name of process server]
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Serve a copy of the subpoena on all parties. File a copy with the court showing the completed return of service, signed by the process server (see Tex. R. Civ. P. 191.4(b)). If only production of documents or other tangible things is sought from a nonparty, attach a request for production (form 18-24). |