Who May Issue and Serve a Subpoena in Texas (TRCP Rule 176.4 & 176.5)
Under Texas Rule of Civil Procedure (TRCP) 176.4, a subpoena may be issued by (a) the clerk of the appropriate district, county, or justice court, (b) an attorney authorized to practice in the State of Texas as an officer of the court, or (c) an officer authorized to take depositions in Texas (such as a certified shorthand reporter / court reporter or notary public taking a deposition on written questions).
Under TRCP Rule 176.5(a), a subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or by any person who is not a party and is 18 years of age or older. Critically, unlike a civil citation (which allows certified mail or Rule 106(b) substituted service), TRCP Rule 176.5(a) mandates that a subpoena MUST be served by delivering a copy to the witness in person! If the witness is a party and is represented by an attorney of record, the subpoena may be served on the witness's attorney of record under TRCP Rule 21a.
The Mandatory $10.00 Cash Witness Fee Rule (Tex. Civ. Prac. & Rem. Code § 22.001)
One of the most strictly enforced statutory requirements in Texas trial and deposition practice is the mandatory witness fee tender. Under Texas Civil Practice & Remedies Code (CPRC) § 22.001(a) and TRCP Rule 176.5(a), a witness is entitled to Ten Dollars ($10.00) for each day the witness attends court or a deposition. Crucially, CPRC § 22.001(a) and TRCP 176.5(a) state that this $10.00 fee for one day's attendance MUST be tendered to the witness at the time the subpoena is served (unless the witness is a party or an employee of a party).
Why 'Cash' Matters in Texas: Unlike states that calculate variable mileage checks at the time of service, Texas does NOT require pre-calculating round-trip mileage for an in-county or 150-mile subpoena—only the flat $10.00 statutory attendance fee! Moreover, under long-standing Texas practice, tendering a crisp $10.00 bill (U.S. currency) stapled or clipped directly to the witness's copy of the subpoena prevents a hostile witness from claiming a law firm check was uncertified or dishonored. Without proof on the Return of Subpoena (TRCP 176.5(b)) that the $10.00 fee was tendered upon delivery, the court cannot hold a non-appearing witness in contempt or issue a fine/writ of attachment under TRCP Rule 176.8!
What About Non-Party Records-Only Subpoenas ($1.00 Fee under CPRC § 22.004)? When serving a subpoena duces tecum or Deposition on Written Questions (DWQ) that commands a non-party custodian of records ONLY to produce business or medical records accompanied by a business records affidavit—without requiring the custodian to appear in person for an oral deposition—Texas Civil Practice & Remedies Code § 22.004 sets the statutory production fee at $1.00, which is tendered at the time of service.
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The 150-Mile Geographic Subpoena Radius in Texas (CPRC § 22.002 & TRCP 176.3)
Before commanding a non-party witness to travel for a trial or oral deposition in Texas, counsel must check the 150-mile territorial limitation under CPRC § 22.002 and TRCP Rule 176.3(a). Specifically, a person may NOT be required by subpoena to appear in a county that is more than 150 miles from where the person resides or is served.
Furthermore, under TRCP Rule 199.2(b)(2), an oral deposition of a non-party witness may be taken only in the county of the witness's residence, the county where the witness is employed or regularly transacts business in person, the county of suit (if the witness is a party or designated under Rule 199.2(b)(1)), the county where the witness was served with the subpoena, or within 150 miles of the place of service, unless otherwise ordered by the court.
Non-Party Medical & Business Records Subpoenas (TRCP Rule 205 & CPRC § 18.001)
When subpoenaing medical charts, hospital billing ledgers, employment files, or banking records from a non-party in Texas (such as Parkland Health or UT Southwestern in Dallas, Dell Seton in Austin, or USAA in San Antonio), TRCP Rule 205 governs Discovery from Nonparties:
• 10-Day Prior Notice Requirement (TRCP Rule 205.2): A party seeking discovery by subpoena from a non-party MUST serve a Notice of Intent to Subpoena on the non-party and all parties pursuant to Rule 21a at least ten (10) days before the subpoena compelling production is served!
• CPRC § 18.001 Billing Affidavits & TRE 902(10) Medical Records Affidavits: Under Tex. Civ. Prac. & Rem. Code § 18.001(d), a party intending to offer a § 18.001 Affidavit Concerning Cost and Necessity of Services at trial must serve a copy of the affidavit on each other party by the earlier of 90 days after the date the defendant files an answer or the date the offering party must designate expert witnesses. Fast, reliable subpoena service by our JBCC-certified couriers ensures hospital HIM desks receive your DWQ and § 18.001 forms with weeks to spare.