Does Texas Follow the UIDDA? Understanding TRCP Rule 201.2 & CPRC § 20.002
Out-of-state attorneys seeking to subpoena records or depose a witness in Texas must understand a critical jurisdictional distinction: Texas has historically operated under Texas Rule of Civil Procedure (TRCP) 201.2 and Texas Civil Practice & Remedies Code (CPRC) § 20.002 (note: check whether recent legislative updates apply to your filing date, as TRCP Rule 201.2 remains the governing court rule for depositions in Texas for use in foreign jurisdictions).
Under TRCP Rule 201.2, if a court of record of any other state or foreign jurisdiction issues a mandate, writ, or commission that requires a witness's oral or written deposition testimony in Texas, the witness may be compelled to appear and testify in the same manner and by the same process used for taking testimony in a proceeding pending in Texas!
How to Issue and Serve a Subpoena in Texas for an Out-of-State Lawsuit
Under TRCP Rule 201.2 and Rule 176.4, once the trial court in the foreign state issues a Commission, Mandate, Letters Rogatory, or Order for Interstate Discovery directed to Texas, there are two ways the enforceable Texas Subpoena is issued:
1. Issuance by a Texas Officer Authorized to Take Depositions (TRCP 176.4(c)) or Texas Attorney (TRCP 176.4(b)): Because TRCP Rule 176.4 authorizes any Texas-licensed attorney or any officer authorized to take depositions in Texas (such as a Texas Certified Shorthand Reporter / Notary taking a Deposition on Written Questions) to issue a Texas subpoena directly pursuant to a foreign mandate or commission, many out-of-state subpoenas can be issued in Texas without even opening a miscellaneous district court lawsuit—unless a contested motion to compel or quash requires a district court cause number!
2. Issuance by a Texas District Court Clerk: Alternatively, the foreign commission or foreign subpoena packet can be presented to the District Clerk in the Texas county where the witness or records custodian resides (such as Dallas County for CT Corp/AT&T/Southwest Airlines, Travis County for CSC/Northwest/Apple/Tesla, Harris County for energy/medical targets, or Bexar County for USAA) to obtain a clerk-issued Texas subpoena.
Once issued on a Texas Rule 176 subpoena form, our JBCC-certified process servers deliver the subpoena in person and tender the mandatory $10.00 cash witness fee (CPRC § 22.001) or $1.00 custodian fee (CPRC § 22.004).
Need JBCC-Certified Service Under Tex. R. Civ. P. 108, Tex. R. Civ. P. 201.2 & CPRC §§ 17.044, 20.002?
Upload your PDF pleadings online—Standard ($69), Rush ($119), or Same-Day ($169) across all 254 Texas counties.
Serving Out-of-State Lawsuits on Defendants Located Inside Texas
When a lawsuit is already pending in another state (such as California, New York, Florida, Illinois, Delaware, or federal court) and you simply need a Summons and Complaint served on an individual residing in Texas or a corporation at its Dallas/Austin registered agent, our JBCC-certified Texas process servers execute service daily across all 254 Texas counties.
Because our servers hold active Texas Supreme Court JBCC certifications, your service satisfies both the law of your forum state and the law of the place of service ('person authorized to serve process under the laws of the state where service is made'). We complete and notarize any out-of-state Proof of Service or Affidavit of Service required by your court.
Serving Non-Resident Defendants from a Texas Court: TRCP Rule 108 vs. CPRC § 17.044
When a lawsuit is filed in a Texas court against an out-of-state defendant, Texas provides two statutory pathways:
• Direct Out-of-State Service Under TRCP Rule 108: Under TRCP Rule 108, a defendant who is absent from or is a nonresident of Texas may be served outside Texas in the exact same manner as provided in Rule 106 by any disinterested person who is not less than 18 years of age and is competent to make an oath of the fact! Rule 108 does not require JBCC certification for an out-of-state server serving outside Texas, though the return must strictly comply with Rule 107.
• Substituted Service on the Texas Secretary of State (Long-Arm Statute — CPRC § 17.044): If a nonresident engages in business in Texas (including entering a contract with a Texas resident performable in Texas or committing a tort in Texas) and does not maintain a regular place of business or designated agent in Texas, duplicate copies of the citation and petition may be served on the Texas Secretary of State at 1019 Brazos St, Room 105, Austin, TX 78701, followed by filing the mandatory Whitney Certificate.
High-Volume Texas Corporate & Medical Hubs for Out-of-State Discovery
Because Texas is home to more Fortune 500 corporate headquarters than any other state, out-of-state litigators send thousands of foreign subpoenas to Texas every month. Common discovery targets include C T Corporation System (1999 Bryan St, Suite 900, Dallas) and Cogency Global (1601 Elm St, Suite 4360, Dallas) in Dallas County; CSC (211 E. 7th St, Suite 620, Austin), Northwest Registered Agent and Registered Agents Inc. (5900 Balcones Dr, Suite 100, Austin), and Texas Mutual Insurance (2200 Aldrich St, Austin) in Travis County; USAA Corporate Legal (9800 Fredericksburg Rd, San Antonio) in Bexar County; Blue Cross and Blue Shield of Texas (1001 E. Lookout Dr, Richardson) in Collin/Dallas County; and Texas Medical Center hospitals in Harris County.
Upload your foreign subpoena or commission via our online order portal and select Standard ($69), Rush ($119), or Same-Day ($169) service.