Notice to Nonparty to Produce Documents
(TX)

Summary

This template is a notice to a nonparty requiring the nonparty to produce documents or other tangible things in connection with a civil action in Texas district or county court. This template includes practical guidance, drafting notes, and an optional clause. A party who seeks discovery from a nonparty by subpoena must serve a notice such as this one on the nonparty and on all parties to the action. See Tex. R. Civ. P. 205.2. This template is for use where the party wishes to compel the nonparty to produce documents or tangible items under Tex. R. Civ. P. 205.3 without requiring the nonparty to appear and testify at a deposition. The required contents of the notice are governed by Tex. R. Civ. P. 205.3, as described in the drafting notes to this template. The notice must be served on the nonparty and all other parties at least 10 days before the subpoena compelling production is served on the nonparty. Tex. R. Civ. P. 205.2. Although Tex. R. Civ. P. 205.2 does not specify the manner in which the notice should be served, it appears that the notice should be served on the nonparty by personal service in the same manner as required for the subpoena. See Tex. R. Civ. P. 176.5(a). Other parties may be served in the manner specified in Tex. R. Civ. P. 21a. See generally E-filing and E-service in State Court (TX) and Filing and Serving Paper Documents Checklist (TX). Although discovery documents are not ordinarily filed, discovery requests that are required to be served on nonparties, such as this notice, must be filed with the court. See Tex. R. Civ. P. 191.4(b)(1). In addition, the subpoena must be served on the nonparty a reasonable time before the response is due but no later than the earlier of 30 days before the end of any applicable discovery period. See Tex. R. Civ. P. 205.3(a). It is recommended that you serve another copy of this notice on the nonparty along with the subpoena. Note that the party requesting production of documents must reimburse the nonparty's reasonable costs of production. Tex. R. Civ. P. 205.3(f); see BASF Fina Petrochemicals L. P. v. H.B. Zachry Co., 168 S.W.3d 867, 872–74 (Tex. App.—Houston [1st Dist.] 2004, pet. denied) ("costs of production" do not include attorney's fees). The requesting party must also make all materials produced available for inspection by any other party on reasonable notice and must furnish copies to any party who requests them at that party's expense. Tex. R. Civ. P. 205.3(e). For a full listing of key content covering fundamental civil litigation tasks throughout a Texas state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (TX). For additional information on obtaining discovery from nonparties, see Discovery Subpoenas: Drafting, Issuing, Serving, and Enforcing (TX) and Discovery Subpoenas: Drafting, Issuing, and Serving Checklist (TX). For a template subpoena compelling a nonparty to produce documents or other tangible things, see Subpoena Duces Tecum without Deposition (Discovery) (TX).