CHAPTER 13 - 13-1 Text of Rule 205

• Jurisdiction: United States

13-1 Text of Rule 205

RULE 205. DISCOVERY FROM NON-PARTIES

205.1. Forms of Discovery; Subpoena Requirement

A party may compel discovery from a nonparty—that is, a person who is not a party or subject to a party's control—only by obtaining a court order under Rules 196.7, 202, or 204, or by serving a subpoena compelling:

(a) an oral deposition;

(b) a deposition on written questions;

(c) a request for production of documents or tangible things, pursuant to Rule 199.2(b)(5) or Rule 200.1(b), served with a notice of deposition on oral examination or written questions; and

(d) a request for production of documents and tangible things under this rule.

205.2. Notice

A party seeking discovery by subpoena from a nonparty must serve on the nonparty and all parties, a copy of the form of notice required under the rules governing the applicable form of discovery. A notice of oral or written deposition must be served before or at the same time that a subpoena compelling attendance or production under the notice is served. A notice to produce documents or tangible things under Rule 205.3 must be served at least 10 days before the subpoena compelling production is served.

205.3. Production of Documents and Tangible Things Without Deposition

(a) Notice; subpoena. A party may compel production of documents and tangible things from a nonparty by serving—a reasonable time before the response is due but no later than 30 days before the end of any applicable discovery period—the notice required in Rule 205.2 and a subpoena compelling production or inspection of documents or tangible things.

(b) Contents of notice. The notice must state:

(1) the name of the person from whom production or inspection is sought to be compelled;

(2) a reasonable time and place for the production or inspection; and

(3) the items to be produced or inspected, either by individual item or by category, describing each item and category with reasonable particularity, and, if applicable, describing the desired testing

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