Out-of-State Subpoena in Texas: Filing, Fees, and 150-Mile Limit

To use an out-of-state subpoena in Texas, you bring the subpoena from the court where your case is pending to the district or county clerk in the Texas county where the witness lives or where the discovery will take place, and the clerk issues a Texas-equivalent subpoena that carries the full force of a Texas court order. This process runs under Rule 201.3 of the Texas Rules of Civil Procedure, Texas’s version of the Uniform Interstate Depositions and Discovery Act, which took effect August 31, 2025.¹ No separate Texas lawsuit, no formal commission, no court appearance.

How the Clerk-Level Process Works

Rule 201.3 makes the clerk’s role purely administrative. The clerk does not evaluate the merits of the underlying case or judge whether your discovery request is reasonable. If the paperwork is in order, the clerk must promptly issue a Texas subpoena that incorporates the same terms as the out-of-state subpoena you presented.¹ Any dispute about whether the subpoena is overbroad or burdensome gets sorted out later through motions to a Texas court, not at the clerk’s counter.

Filing the request does not count as making an appearance in a Texas court. That protection matters because parties sometimes worry that reaching into Texas for evidence might expose them to Texas jurisdiction in unrelated matters. Rule 201.3 expressly prevents that result.²

Where to File and What to Bring

File in the county where the discovery will actually happen. That usually means the county where the witness lives or where a business keeps the records you want.² Bring the out-of-state subpoena itself, and be ready to provide the names, addresses, and telephone numbers of all attorneys of record in the case, plus any unrepresented party who has appeared. Rule 201.3 requires the issued Texas subpoena to include that information.¹

County clerks vary in their intake procedures and forms. Filing fees vary too. Call the specific district clerk’s office or check its website before you go. Turnaround usually runs a few business days once the filing is accepted; counties with electronic filing may be faster.

If the Witness Is a Business

Every domestic and foreign business entity in Texas must maintain a registered agent with a physical address in the state.³ Look up the company on the Texas Secretary of State’s database to find its registered agent. If the agent has resigned or moved without an update, serving the company’s principal office or an officer directly may be necessary.

If You’re After Medical Records

A subpoena alone is not a court order, and HIPAA-covered healthcare providers generally will not release patient records on a subpoena by itself. Expect to need either a signed court order from a judge or a written authorization from the patient. Without one of those, the provider will refuse, and it is legally correct to do so. Plan for this early rather than discovering it a week before your deadline.

Serving the Texas Subpoena

Once issued, the Texas subpoena carries the full weight of a Texas court order, but only after proper service. Rule 176.5 requires personal delivery of a copy to the named witness by a sheriff, constable, or any person at least 18 years old who is not a party to the lawsuit.⁴ Out-of-state litigants typically hire a private process server for reliable, documented delivery.

The server should complete a return of service documenting the delivery. That proof is what you will need if the witness later ignores the subpoena and you have to ask a Texas court to enforce it.

The $10 Witness Fee at Service

Under Section 22.001 of the Texas Civil Practice and Remedies Code, a witness is entitled to $10 for each day of attendance, and that flat fee covers travel; the statute explicitly denies any separate mileage reimbursement.⁵

The party issuing the subpoena must pay one day’s witness fee at the time the subpoena is served.⁵ This is not optional. Under Rule 176.8, a court cannot fine a witness or issue an attachment for noncompliance unless the requesting party proves by affidavit that all required fees were paid or tendered.⁶ Forget the $10, lose your enforcement options.

The 150-Mile Geographic Limit

Texas Rule 176.3 prohibits compelling a witness to appear or produce documents in a county more than 150 miles from where the witness lives or was served.⁷ Because Texas is enormous, this trips up out-of-state litigants regularly. A witness in El Paso cannot be forced to produce documents in Houston. A Dallas resident cannot be compelled to sit for a deposition in Brownsville.

Schedule the deposition or document production in or near the county where the witness is located. Getting this wrong hands the witness a clean basis to challenge the subpoena.

Deposition Timing After Service

The deposition itself follows Texas discovery rules (Rules 190 through 200 and 205).² Rule 199.2 does not set a rigid minimum number of days for an oral deposition; it requires “reasonable time.” What is reasonable depends on the complexity of the matter and the witness’s circumstances.

Two timing details matter. If the witness or any party objects to the scheduled time or place within three business days of receiving the deposition notice, the deposition is automatically stayed until a court rules on the objection. If you are recording the deposition by nonstenographic means such as video, at least five days’ notice is required. Build buffer into your schedule, because resolving an objection from across state lines takes time.

If You’re the One Being Subpoenaed

A Texas subpoena issued through Rule 201.3 is challenged in Texas, not in the state where the underlying lawsuit is pending. Rule 201.3 requires any application to enforce, quash, or modify the subpoena to follow Texas rules and statutes.² You hire a Texas lawyer, not counsel in the originating state.

Written Objections to Document Requests

If the subpoena demands documents, serve written objections on the requesting party before the compliance deadline. Once objections are on the record, the burden shifts to the requesting party to file a motion to compel and get a court ruling before you have to produce anything.⁷ Objections need to be specific; generic boilerplate is unlikely to hold up.

Protective Orders

Any person affected by the subpoena can file a motion for a protective order, either in the court where the action is pending or in a district court in the county where the subpoena was served. A court can block the discovery, limit its scope, change the time or location, or impose conditions on compliance.⁸ The standard is undue burden, unnecessary expense, harassment, or invasion of privileged information.

Trial Subpoenas

If the subpoena commands attendance at a hearing or trial rather than a deposition, the witness can raise objections or request protection directly before the court at the time and place specified for compliance, rather than filing a separate motion in advance.⁷

Consequences of Ignoring a Texas Subpoena

Under Rule 176.8, failing to obey a properly served subpoena without adequate excuse can be treated as contempt of court. The court that issued the subpoena, or a district court in the county where it was served, can impose a fine, confinement, or both.⁶

The requesting party has to do its part too. Before a court will fine or attach a noncompliant witness, the requesting party must file an affidavit proving that all required witness fees were paid or tendered at the time of service.⁶ Rule 176.7 also imposes a duty on the issuing party to take reasonable steps to avoid undue burden or expense on the witness, and courts weigh that when ruling on enforcement motions. A subpoena demanding an unreasonable volume of documents on an impossibly short timeline is less likely to produce sanctions against the witness who pushed back.⁷

1
Supreme Court of Texas. Final Approval of Amendments to Texas Rule of Civil Procedure 201
2
Supreme Court of Texas. Preliminary Approval of Amendments to Texas Rule of Civil Procedure 201
3
Texas Secretary of State. Registered Agents FAQs
4
South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 176.5 – Service
5
State of Texas. Texas Civil Practice and Remedies Code 22.001
6
Supreme Court of Texas. Texas Rules of Civil Procedure – March 1, 2026
7
South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 176 – Subpoenas
8
South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 192.6 – Protective Orders