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Rule 176.3(b) prohibits the use of a subpoena to circumvent the discovery rules. Thus, for example, a deposition subpoena to a party is subject to the procedures of Rules 196, 199, and 200, and a deposition subpoena to a nonparty is subject to the procedures of Rule 205. (No.
176.5 Service. (a) Manner of service. A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older.
At minimum, the subpoena is required to state: That the subpoena is issued in the name of The State of Texas. The style of the lawsuit.The cause number. The court in which the lawsuit is pending. A place where the court can fill in the date the subpoena was issued. The person to whom the subpoena is directed.
Orders a person who is not a party to a case to appear and testify at a deposition (give testimony outside of the court).
176.7 Protection of Person from Undue Burden and Expense. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance, protection from disclosure of privileged material or information, and protection from undue burden or expense.