Serving a Subpoena in Texas: the $10 Witness Fee (CPRC § 22.001) and Registered Agent Addresses

1. The Mandatory $10.00 Cash Witness Fee Rule Under Tex. Civ. Prac. & Rem. Code § 22.001

In Texas state court litigation, serving a witness subpoena requires both physical hand delivery and simultaneous tender of the statutory witness fee. Under Texas Rule of Civil Procedure 176.5(a) and Texas Civil Practice and Remedies Code § 22.001(a), a non-party witness is entitled to Ten Dollars ($10.00) for each day the witness attends court or a deposition.

Unlike federal subpoenas under 28 U.S.C. § 1821 ($40/day plus mileage), Texas charges a flat $10.00 per day with no upfront mileage calculation. Because Texas courts strictly construe fee tender (see In re Bull), tendering a law firm check instead of $10.00 in U.S. currency (cash) can defeat a motion for contempt under TRCP Rule 176.8 if the witness objects. Process servers should tender the $10.00 in cash and explicitly document the cash tender on the TRCP Rule 176.5(b) Proof of Service.

2. The $1.00 / $11.00 Custodian Fee for Business & Medical Records Under CPRC § 22.004

When counsel serves a Subpoena Duces Tecum or Deposition on Written Questions (DWQ) under TRCP Rule 200 for medical records, billing ledgers, or bank records accompanied by a Texas Rule of Evidence 902(10) Business Records Affidavit, Texas Civil Practice and Remedies Code § 22.004(a) entitles the custodian of records to a $1.00 production/certification fee.

In daily Texas practice, hospital HIM departments and corporate intake desks expect either $1.00 for pure document production or $11.00 total ($10.00 appearance fee under § 22.001 + $1.00 custodian fee under § 22.004) when the subpoena notices a Custodian of Records deposition. Tendering $11.00 eliminates any procedural dispute.

3. The 150-Mile Geographic Subpoena Range Limit Under TRCP Rule 176.3(a)

Under Texas Rule of Civil Procedure 176.3(a), a person may not be required by subpoena to appear or produce documents in a county that is more than 150 miles from where the person resides or is served. Thus, a lawsuit pending in Harris County (Houston) cannot command a non-party witness served in Dallas County to travel to Houston for trial, though the witness can be compelled to appear for a deposition noticed inside Dallas County under TRCP Rule 199.2(b)(2).

For out-of-state subpoenas directed to Texas witnesses, remember that Texas has not adopted the ministerial UIDDA clerk statute; foreign discovery requires a mandate, writ, or commission from the out-of-state court of record pursuant to CPRC § 20.002 and TRCP Rule 201.2.

4. Commercial Registered Agent Intake Rules in Dallas & Austin (CT Corp, CSC & Cogency)

Texas’s primary commercial registered agent hubs include: (1) C T Corporation System at 1999 Bryan St, Suite 900, Dallas, TX 75201; (2) Corporation Service Company (CSC) at 211 E 7th St, Suite 620, Austin, TX 78701; and (3) Cogency Global Inc. at 1601 Elm St, Suite 4360, Dallas, TX 75201.

Each commercial registered agent cross-checks the named entity on your citation or subpoena against the Texas Secretary of State SOSDirect database. Ensure your pleading names the exact registered legal entity rather than an unregistered d/b/a trade name to prevent intake rejection.

5. Serving Hospital HIM Desks (John Peter Smith Hospital) & State Agencies (TX SOS & TDI)

For Tarrant County trauma and medical subpoenas, subpoenas are delivered to John Peter Smith Hospital (JPS Health Network, 1500 S Main St, Fort Worth, TX 76104) at the Health Information Management Release of Information desk with the statutory CPRC § 22.001 / § 22.004 fee. In Austin, statutory service goes to the Texas Secretary of State (James E. Rudder Building, 1019 Brazos St, Room 105, Austin, TX 78701, requiring duplicate copies plus the $55.00 SOS fee for a Whitney Certificate) and the Texas Department of Insurance (1601 Congress Ave, Austin, TX 78701).