CHAPTER 13 - 13-9 Nonparty Depositions

• Jurisdiction: United States

13-9 Nonparty Depositions

The discussion in Chapter 13, sections 13-4 and 13-5, relates to Texas Rule 205's most useful application—nonparty production requests. As discussed in Chapter 13, section 13-2, Texas Rule 205 also authorizes subpoenas for discovery from nonparties in three other ways: oral depositions, depositions on written questions, and production requests served in connection with an oral or written deposition.⁹⁵ Subpoenas served for such discovery must comply with Texas Rule 176, which governs subpoenas generally. In addition, the party seeking the nonparty deposition must serve on the non-party and all other parties the notice required by the rule governing the applicable deposition type.⁹⁶ "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."⁹⁷ Finally, the noticing party must comply with the rules governing the type of deposition sought (i.e., an oral one or one on written questions).⁹⁸

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Notes:

^[95] Tex. R. Civ. P. 205.1.

^[96] Tex. R. Civ. P. 205.2 ("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.").

^[97] Tex. R. Civ. P. 205.2.

^[98] Tex. R. Civ...