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FAQs: Securing Discovery From a Texas Non-Party
If a non-party fails to comply with a valid and enforceable subpoena without adequate excuse, a court can hold the non-party in contempt and punish the non-party by fine or imprisonment (Tex. R. Civ P. 176.8). A Texas court can also compel the non-party to respond to the discovery subpoena, say Cantey Hanger attorney Ali Mosser.
April 18, 2022 at 06:08 PM
7 minute read
AnalysisTexas is one of the few states not adopted in the Uniform Interstate Depositions and Discovery Act (UIDDA). As such, out-of-state parties who wish to seek discovery from Texas individuals or entities must comply with a confusing set of rules found in the Texas Rules of Civil Procedure. Here are some of the questions we're routinely asked regarding out-of-state discovery. There are unique features to every situation and particular local rules that may result in a different answer than is given here, but this is intended to be a helpful updated primer for lawyers who need to secure discovery from a Texas non-party.
What types of discovery requests are allowed for non-parties?
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