This notice may be used, with a subpoena duces tecum, to obtain production of documents and tangible things from a nonparty without a deposition, in accordance with Tex. R. Civ. P. 205.3. The notice must be served on the nonparty and all parties at least ten days before the subpoena is served. Tex. R. Civ. P. 205.2. The notice must be filed with the court. Tex. R. Civ. P. 191.4(b)(1). A form for the subpoena appears at form 5-94.
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Include the following notice if a minor is named in the caption or if the document contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
[Petitioner/Respondent]’s Notice for Production or Inspection of Documents and Other Tangible Things
[to Nonparty]
To: [name], by and through [his/her] attorney of record, [name and address of attorney].
Under rule 205.3 of the Texas Rules of Civil Procedure, you are notified that a subpoena duces tecum will be issued no less than ten days from the date this notice is served. This subpoena will require you to produce and permit inspection and copying of the following documents or tangible things: [specify].
[Name]
Attorney for [Petitioner/Respondent]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [Petitioner/Respondent]