Mon–Fri 9–5 EST · Nationwide
Subpoena Domestication in Texas | TRCP 176 | Commission + Notary Pathway | Served 123 LLC

Two Valid Pathways — We Default to the Commission and Notary Route Because It's Faster and Less Expensive

Texas has two fully authorized methods for issuing a subpoena in connection with an out-of-state proceeding. The first — and Served 123 LLC's default — is the commission and notary pathway under TRCP 176.4, which allows a notary public to issue the Texas subpoena directly once a mandate, writ, or commission is in hand. No court filing is required, no clerk intake fees apply, and the subpoena can be issued and served without delay. The second is the UIDDA clerk pathway under new TRCP 201.3 (effective August 31, 2025), which involves submitting the foreign subpoena to a Texas district court clerk. Both are valid — we simply prefer the commission and notary route because it is cheaper, faster, and produces no delays from county clerk intake variation across Texas's 254 counties. If you prefer the clerk pathway, we can accommodate that as well.

Texas Witness Fees Are Mandatory at Service — Defective Subpoenas Cannot Be Cured After the Fact

Texas law requires witness fees to be physically tendered at the moment of service — not before, not after. For a deposition attendance subpoena, the witness is entitled to $10 per day of required attendance (CPRC § 22.001). For a records custodian subpoena, $1.00 is due for production and certification of documents (CPRC § 22.004). At least one Texas appellate court has held that a subpoena served without the required fees is legally defective and unenforceable. Served 123 LLC includes the correct witness fee amount on every Texas service order.

Texas Subpoena Domestication Overview

How Texas Subpoena Domestication Works

Texas subpoena domestication via the commission and notary pathway is governed by TRCP 176 and Texas Civil Practice & Remedies Code § 20.002. Under TRCP 176.4, a Texas subpoena may be issued by: (i) a clerk of court; (ii) an attorney licensed in Texas; or (iii) an officer authorized to take depositions in Texas — which includes notaries public. Served 123 LLC uses notary issuance, which allows the Texas subpoena to be issued without any Texas court filing and without retaining Texas-licensed counsel.

Two documents are required before Served 123 LLC can proceed. First, a mandate, writ, or commission from the court where your case is pending — authorizing issuance of a Texas subpoena by a Texas authority. Second, a Notice of Intent served on opposing counsel with the specific required information about the deposition. Without both documents, we cannot issue the Texas subpoena.

Once the commission and notice are in hand, Served 123 LLC issues the Texas subpoena through a notary public. The subpoena must meet all TRCP 176.1 content requirements — issued in the name of the State of Texas, including the case style and cause number, and signed by the issuing notary. The subpoena is then served per TRCP 176.5 — personal delivery by a sheriff, constable, or any non-party 18 or older, with the required witness fees tendered at service.

⚠️ Critical Commission Language Requirement: The commission must NOT restrict issuance to the court itself. It must expressly authorize issuance by any authorized entity in Texas — including a notary public. If the commission language limits issuance to a Texas court or Texas-licensed attorney only, Served 123 LLC cannot proceed via the notary pathway and a Texas court filing or Texas counsel will be required. We review every commission before proceeding.

Required Contents of the Notice of Intent to Opposing Counsel

  • The name of the witness to be subpoenaed
  • The date, time, and location of the deposition
  • A list of any documents or items the witness is required to produce
  • Proof of service of the notice on opposing counsel
No Texas Court Filing Required with Notary Pathway: The notary issuance method under TRCP 176.4 does not require opening a miscellaneous proceeding in a Texas court. No Texas-licensed attorney is required for issuance. The commission from your court of venue — combined with notary issuance — provides the legal authority to compel a Texas witness. This makes the process faster and avoids the cost of retaining local Texas counsel for routine discovery matters.
ℹ️ Enforcement — If the Witness Refuses to Comply: If a Texas witness fails to comply with a valid, properly served subpoena, a motion to compel or for contempt must be filed in a Texas district court in the county where the subpoena was served (TRCP 176.8). At that stage, Texas-licensed counsel will be required. Served 123 LLC will advise you immediately if compliance issues arise.
Texas Major Discovery Regions — All 254 Counties Covered
Harris County (Houston)

Energy capital — ExxonMobil, Chevron, ConocoPhillips, Schlumberger, Baker Hughes; Port of Houston; largest county by UIDDA volume in Texas

Dallas / Tarrant Counties

American Airlines, AT&T, Toyota NA, Bank of America TX ops, Lockheed Martin — major corporate and financial discovery hub

Travis County (Austin)

Dell Technologies, Tesla TX HQ, Apple, Oracle, Amazon — technology sector; growing corporate discovery demand

Bexar County (San Antonio)

USAA, H-E-B, Rackspace, Valero Energy, military installation cluster — financial, energy, and defense discovery

Permian Basin (Midland/Ector)

World's most productive oil field — Pioneer, Occidental, Diamondback Energy; massive energy litigation discovery demand

Eagle Ford / Gulf Coast

Dewitt, Karnes, LaSalle, Webb counties — Eagle Ford Shale; Corpus Christi port and refinery corridor

Texas Legal Authority

  • TRCP 176.1: Subpoena content requirements — issued in name of State of Texas; includes case style, cause number, court, date, witness identity, time/place/nature of action, party name, contempt warning, and issuer's signature
  • TRCP 176.4: Who may issue — (i) clerk of court; (ii) attorney licensed in Texas; (iii) officer authorized to take depositions in Texas, including notary public
  • TRCP 176.5: Service — by sheriff, constable, or any non-party 18+; personal delivery of copy to witness and tender of required fees
  • TRCP 176.8: Enforcement — if witness fails to comply, motion in Texas district court in county of service
  • CPRC § 20.002: Underlying authority for compelling Texas witness testimony for out-of-state proceedings via mandate, writ, or commission
  • CPRC § 22.001: Witness fee — $10 per day of attendance; must be tendered at service
  • CPRC § 22.004: Records custodian fee — $1.00 for production and certification; must be tendered at service
  • TRCP 201.3 (Aug. 2025): New UIDDA clerk pathway — additive, does not eliminate TRCP 176 notary issuance authority

Texas Quick Facts

  • Method: commission + notary pathway under TRCP 176.4
  • Required from you: mandate/writ/commission + Notice of Intent with proof of service
  • Commission must authorize any Texas authority (not court-only) for notary issuance
  • No Texas court filing required; no Texas counsel required for issuance
  • 254 counties covered — all regions statewide
  • Service: TRCP 176.5 — personal delivery; sheriff, constable, or any non-party 18+
  • Witness fees mandatory at service: $10/day (attendance) or $1 (records)
  • Enforcement if non-compliance: Texas district court in county of service
  • TRCP 201.3 clerk pathway also available — we can use either on request
Step-by-Step

How It Works in Texas

From intake to affidavit — Texas commission review, notary subpoena issuance under TRCP 176.4, and personal service with witness fees across all 254 counties.

1

Submit Your Commission and Notice of Intent

Use the order form at the top of this page or email [email protected]. Provide: (1) the mandate, writ, or commission from your court of venue; (2) the Notice of Intent with proof of service on opposing counsel; and (3) your foreign subpoena PDF including all required details.

2

Commission Language Review

We review the commission to confirm it authorizes issuance by any authorized Texas entity — not limited to a Texas court or Texas-licensed attorney. If the commission restricts issuance to the court only, we will advise you immediately so you can obtain a corrected commission. Only commissions that expressly permit notary issuance allow us to proceed without a Texas court filing.

3

Notice of Intent Review

We confirm the Notice of Intent includes all required elements: the witness's name, the deposition date/time/location, the list of documents to produce, and proof of service on opposing counsel. All four elements must be present before service of the Texas subpoena.

4

Texas Subpoena Issued by Notary Public

With a valid commission and notice confirmed, Served 123 LLC issues the Texas subpoena through a notary public under TRCP 176.4. The subpoena is issued in the name of the State of Texas and meets all TRCP 176.1 content requirements — including the case style, cause number, court, witness identity, required action, and notary signature. No Texas court filing is required.

5

Personal Service with Witness Fees — TRCP 176.5

We coordinate personal service of the Texas subpoena per TRCP 176.5 — by a sheriff, constable, or any non-party 18 or older, delivering a copy to the witness with the required fees tendered simultaneously: $10 per day of attendance for deposition subpoenas (CPRC § 22.001) or $1.00 for records custodian production subpoenas (CPRC § 22.004). Across all 254 Texas counties.

6

Affidavit of Service Delivered

You receive a signed affidavit of service confirming full compliance with TRCP 176 requirements — including confirmation of witness fee tender — ready for immediate filing in your originating state court.

Legal Authority

Texas Subpoena Statutory Reference

TRCP 176 and the Texas Civil Practice & Remedies Code provisions governing Texas subpoena issuance and service for out-of-state proceedings.

AuthoritySubjectKey Provision
TRCP 176.1Subpoena ContentsMust be issued in name of State of Texas; state case style, cause number, court, date, witness identity, time/place/nature of required action, party name, contempt text, and issuer's signature
TRCP 176.4Who May Issue(i) clerk of court; (ii) Texas-licensed attorney; (iii) officer authorized to take depositions in Texas — including notary public
TRCP 176.5ServiceServed at any place in Texas by sheriff, constable, or any non-party 18+; by personal delivery of copy to witness and tendering required fees
TRCP 176.8EnforcementIf witness fails to comply: motion in Texas district court in county where subpoena was served
CPRC § 20.002Out-of-State AuthorityWitness may be compelled to appear/testify for out-of-state proceedings via mandate, writ, or commission from the court of venue
CPRC § 22.001Attendance Witness Fee$10 per day of required attendance — must be tendered at time of service; failure makes subpoena legally defective
CPRC § 22.004Records Custodian Fee$1.00 for production and certification of records — must be tendered at time of service; failure makes subpoena legally defective
TRCP 201.3UIDDA Clerk Pathway (Aug. 2025)New clerk-issuance pathway effective August 31, 2025 — does not remove or supersede TRCP 176.4 notary issuance authority; both methods remain valid

*Served 123 LLC uses the TRCP 176.4 notary issuance pathway. This method remains fully authorized under Texas law and does not require a Texas court filing or Texas-licensed counsel. All 254 Texas counties covered.

Service Package

What's Included With Every Texas Order

Commission review, notary subpoena issuance under TRCP 176.4, and personal service with witness fees — across all 254 Texas counties.

Commission Review

We review the mandate, writ, or commission from your court of venue to confirm it authorizes issuance by any Texas authority — including a notary public. If language is restrictive, we advise before proceeding.

Notice of Intent Review

We confirm the Notice of Intent to opposing counsel contains all four required elements: witness name, deposition date/time/location, document list, and proof of service.

Notary Subpoena Issuance

Texas subpoena issued through a notary public under TRCP 176.4 — meeting all TRCP 176.1 content requirements. No Texas court filing. No Texas counsel required.

TRCP 176.5 Personal Service

Personal delivery to the witness across all 254 Texas counties — by sheriff, constable, or qualified process server. From major metros to remote West Texas basin counties.

Witness Fee Coordination

Required fees tendered at service — $10/day for attendance subpoenas (CPRC § 22.001) and $1.00 for records custodian subpoenas (CPRC § 22.004). Never skipped — a missing fee makes the subpoena defective.

Affidavit of Service

Signed affidavit confirming full TRCP 176 compliance — including witness fee tender confirmation — ready for filing in your originating state court.

Subpoena Types

Types We Handle in Texas

All major subpoena types via the Texas commission and notary pathway — from deposition attendance to energy records across all 254 counties.

👤

Deposition Subpoena (Attendance)

Commands personal testimony at deposition. Commission from court of venue required. Notice of Intent to opposing counsel required. $10/day witness fee tendered at service (CPRC § 22.001). Notary issuance under TRCP 176.4. Personal service per TRCP 176.5.

📄

Document Production (Duces Tecum)

Compels production of documents, records, or ESI. Commission from court of venue required. Notice of Intent to opposing counsel required. $1.00 records custodian fee tendered at service (CPRC § 22.004). Notary issuance. Personal service.

🛢️

Oil, Gas & Energy Records

Texas is the nation's energy capital — Permian Basin (Midland/Odessa), Eagle Ford Shale, Barnett Shale, and Gulf Coast refinery corridor. Production records, royalty statements, well logs, pipeline agreements, and corporate representative depositions involving ExxonMobil, Chevron, Pioneer, Occidental, and hundreds of independents are among the most frequent Texas subpoena targets.

🏢

Corporate & Financial Records

Dallas, Houston, Austin, and San Antonio are home to major corporate headquarters across technology, financial services, healthcare, and logistics — AT&T, American Airlines, Dell, USAA, Valero, and H-E-B among them. Corporate records subpoenas across all 254 Texas counties handled via the proven commission and notary pathway.

Who We Serve

Who Uses Our Texas Service?

From the Houston energy corridor and Dallas corporate headquarters to the Permian Basin and Eagle Ford Shale — Served 123 LLC handles Texas subpoena issuance and service across all 254 counties via the proven commission and notary pathway.

⚖️

Law Firms

Out-of-state attorneys requiring discovery from Texas witnesses, energy companies, financial institutions, and technology corporations across all 254 counties — with commission review and Notice of Intent verification built into every order.

🛢️

Oil, Gas & Energy

Attorneys handling production disputes, royalty litigation, pipeline agreements, and energy company depositions — the Permian Basin and Eagle Ford Shale generate some of the highest interstate subpoena demand of any region in the country.

💻

Technology & Corporate

Counsel targeting Dell, Apple, Tesla, Oracle, AT&T, Amazon, and Texas's growing technology sector in Austin and Dallas — corporate records and executive depositions via the proven notary pathway.

🏥

Healthcare

Attorneys targeting Texas Medical Center (Houston — the world's largest medical complex), MD Anderson, Baylor Scott & White, UT Southwestern, and regional hospital systems statewide for medical records and expert depositions.

🛡️

Insurance Defense

Claims teams needing Texas deposition testimony, medical records, and accident subpoenas — with commission and notice review, notary issuance, and TRCP 176.5 personal service with witness fees across all 254 counties.

🔍

Litigation Support

Legal support firms outsourcing Texas subpoena domestication — we handle commission review, Notice of Intent verification, notary issuance under TRCP 176.4, and personal service with witness fees across all 254 Texas counties.

Common Questions

Texas Subpoena Domestication FAQ

The most common questions about issuing subpoenas in Texas — including the commission requirement, notice of intent, witness fees, and why Served 123 uses the notary pathway.

Under Texas Civil Practice & Remedies Code § 20.002 and TRCP 176, a witness in Texas may be compelled to appear and testify for an out-of-state proceeding only when authorized by a mandate, writ, or commission from the court where the case is pending. This document is the legal bridge between your out-of-state case and Texas's authority to compel the witness. Without it, the Texas subpoena has no legal backing from the originating court. The commission must expressly authorize issuance by any Texas authority — not just a Texas court — for Served 123 LLC to proceed via the notary pathway.
The commission must authorize issuance by any Texas authority authorized to take depositions — not restrict issuance to a Texas court or Texas-licensed attorney only. Language limiting issuance to "the court" or "local counsel" will prevent Served 123 LLC from using the notary pathway. We review every commission before proceeding and will advise you immediately if the language needs to be corrected by your court. Many courts are familiar with the broad authorization language and include it as a matter of course.
The Notice of Intent must be served on opposing counsel and include all four required elements: (1) the name of the witness to be subpoenaed; (2) the date, time, and location of the deposition; (3) a list of any documents or items the witness is required to produce; and (4) proof of service of the notice on opposing counsel. All four must be present. Served 123 LLC reviews the notice before proceeding and will flag any missing elements.
Yes — they are mandatory and must accompany service. CPRC § 22.001 requires a $10 per day attendance fee for deposition subpoenas, and CPRC § 22.004 requires $1.00 for records custodian production subpoenas. Texas courts have held that a subpoena served without the required fees is legally defective and unenforceable. The defect cannot be cured retroactively — you would need to re-serve. Served 123 LLC always tenders the correct fee amount with every Texas service.
Texas has two fully authorized pathways. The first is the commission and notary pathway under TRCP 176.4 — a mandate, writ, or commission from your court of venue authorizes a Texas notary public to issue the subpoena directly, with no court filing required. The second is the UIDDA clerk pathway under TRCP 201.3 (effective August 31, 2025), which involves submitting the foreign subpoena to a Texas district court clerk who reissues it. Both are valid under Texas law. Served 123 LLC defaults to the commission and notary route simply because it is cheaper — there are no court filing or clerk fees — and it ensures no delays since it does not depend on any county clerk's intake process. If you prefer the TRCP 201.3 clerk pathway for a particular matter, we can handle that as well.
If a Texas witness fails to comply with a valid, properly served subpoena without adequate excuse, a motion to compel or for contempt may be filed in the Texas district court in the county where the subpoena was served (TRCP 176.8). At that stage, Texas-licensed counsel will be required to appear in the Texas court. Served 123 LLC will notify you immediately if the witness indicates non-compliance so you can take timely action.
View all subpoena domestication FAQs →