This form is used if the person sought to be deposed is not a party to the suit and is not, or may not be, an agent or employee subject to control of an entity judgment debtor. It should also be used when the defendant is not represented by counsel.
This form assumes that the deposition will be recorded by audiotape, that a court reporter will not participate, and that there will be no attendees other than those named in Tex. R. Civ. P. 199.5(a)(3). See section 26.2:2 in this chapter regarding nonstenographic depositions. If a court reporter is used, he will have to be notified of the deposition. This form includes a duces tecum request to produce documents and other tangible items. The list of items requested is intended only as a guide. The practitioner should select those that are appropriate to the particular case as well as any requests not included here that may be appropriate.
A notice of deposition must first be filed with the court and a copy served on all other parties to the litigation. Tex. R. Civ. P. 191.4(b)(1), 191.5.
Subpoena Duces Tecum
[Nonparty Witness, Postjudgment Deposition]
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]
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. The deposition will be tape-recorded. The deposition will not also be recorded stenographically.
You are further commanded to produce and permit inspection and copying of the following documents or tangible things in your possession, custody, or control:
1.All canceled checks, bank statements, check-stub records, and other banking records pertaining to the financial affairs of [name of judgment debtor] or for any account pertaining to [name of judgment debtor] within the last two years.
2.Copies of all books, records, and financial statements kept or issued by [name of judgment debtor] for the last two years.
3.Copies of the income tax returns of [name of judgment debtor], with all attachments, for the last two years.
4.All papers and records pertaining to debts owed to [name of judgment debtor] by others and any other papers of any sort pertaining to the business or financial affairs of [name of judgment debtor] for the two years immediately preceding the date of this subpoena, including but not limited to any and all certificates of title to vehicles, share certificates, deeds or contracts concerning real estate, or other indications of ownership of real or personal property.
5.Any and all documents evidencing the identity and location of [persons or things whose identity is sought].
6.Any and all documents evidencing the assets of [name of judgment debtor].
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.
This subpoena constitutes notice to [name of judgment debtor] of Plaintiff’s intent to take the deposition of [name of witness] as provided herein.
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]