Texas doesn't allow courts to require witnesses to travel more than 150 miles to comply with a subpoena. You can also object to a subpoena based on the substance of what the subpoena is asking for. If the request is too broad, irrelevant to the case, or asking for privileged information, it might be invalid.
The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories, except that a defendant in a suit governed by the Family Code served with a request before the defendant's answer is due need not respond until 50 days after service of the request.
Answers to interrogatories may be used only against the responding party. An answer to an interrogatory inquiring about matters described in Rule 194.2(b)(3) and (b)(4) that has been amended or supplemented is not admissible and may not be used for impeachment.
FRCP 45(b): Any person who is at least 18 years old and not a party may serve a subpoena by delivering a copy to the named person. TRCP 176.5: A subpoena must be served by a sheriff, constable, or any person who is not a party and is at least 18 years of age by delivering a copy to the named person.
(1) A party that issues a subpoena must serve the opposing party with a copy of the subpoena on the same date it is issued. (2) A party that requests a subpoena from a SOAH judge must serve the opposing party with a copy of the request at the time it is filed with SOAH.
Yes. Texas requires the party seeking the discovery to obtain a “mandate, writ, or commission” from the out-of-state court requiring the specifically sought discovery (TRCP 201.2; CPRC § 20.002).
Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.
Interrogatories are written questions to which written responses are required. They are technically a "discovery device" that is used to get more information about facts in a lawsuit. Bill of Particulars are written questions that are intended to amplify the factual and claims made in a complaint or answer.
Interrogatories shall be answered in writing under oath by the party served, if an individual, or, if the party served is a corporation, a partnership or a sole proprietorship, by an officer, director, member, agent or employee having the information.
(3) Interrogatories. Any party may serve on any other party no more than 25 written interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents. Each discrete subpart of an interrogatory is considered a separate interrogatory. 192.1 Forms of Discovery.