Rule 201: Discovery in Other States and Foreign Countries for Use in Texas Proceedings; Discovery in Texas for Use in Proceedings in Other States and Foreign Countries

201.1 Depositions in Other States and Foreign Countries for Use in Texas Proceedings.

(a) Generally. A party may take a deposition on oral examination or written questions of any person or entity located in another state or a foreign country for use in proceedings in this State. The deposition may be taken by:

• (1) notice;
• (2) letter rogatory, letter of request, or other such device;
• (3) agreement of the parties; or
• (4) court order.

(b) By notice. A party may take the deposition by notice in accordance with these rules as if the deposition were taken in this State, except that the deposition officer may be a person authorized to administer oaths in the place where the deposition is taken.

(c) By letter rogatory. On motion by a party, the court in which an action is pending must issue a letter rogatory on terms that are just and appropriate, regardless of whether any other manner of obtaining the deposition is impractical or inconvenient. The letter must:

• (1) be addressed to the appropriate authority in the jurisdiction in which the deposition is to be taken;

• (2) request and authorize that authority to summon the witness before the authority at a time and place stated in the letter for examination on oral or written questions; and

• (3) request and authorize that authority to cause the witness's testimony to be reduced to writing and returned, together with any items marked as exhibits, to the party requesting the letter rogatory.

(d) By letter of request or other such device. On motion by a party, the court in which an action is pending, or the clerk of that court, must issue a letter of request or other such device in accordance with an applicable treaty or international convention on terms that are just and appropriate. The letter or other device must be issued regardless of whether any other manner of obtaining the deposition is impractical or inconvenient. The letter or other device must:

• (1) be in the form prescribed by the treaty or convention under which it is issued, as presented by the movant to the court or clerk; and
• (2) must state the time, place, and manner of the examination of the witness.

(e) Objections to form of letter rogatory, letter of request, or other such device. In issuing a letter rogatory, letter of request, or other such device, the court must set a time for objecting to the form of the device. A party must make any objection to the form of the device in writing and serve it on all other parties by the time set by the court, or the objection is waived.

(f) Admissibility of evidence. Evidence obtained in response to a letter rogatory, letter of request, or other such device is not inadmissible merely because it is not a verbatim transcript, or the testimony was not taken under oath, or for any similar departure from the requirements for depositions taken within this State under these rules.

(g) Deposition by electronic means. A deposition in another jurisdiction may be taken by telephone, video conference, teleconference, or other electronic means under the provisions of Rule 199.

201.2 Depositions in Texas for Use in Proceedings in Foreign Countries.

If a court of any foreign country that is a signator to the Hague Convention on the Taking Evidence Abroad in Civil or Commercial Matters or another similar treaty issues a letter of request that requires a witness’s oral or written deposition testimony in this State, the witness may be compelled to appear and testify in the same manner and by the same process used for taking testimony in a proceeding pending in this State.

201.3 Discovery in Texas for Use in Proceedings in Other States.

(a) Definitions.

• (1) “Out-of-state subpoena” means a subpoena issued under the authority of a court in another state.
• (2) “Subpoena” means a document issued under the authority of a court requiring a person or entity to: A. attend and give testimony at a deposition on oral examination or written questions; or B. produce documents or tangible things.

(b) Issuance of Subpoena.

• (1) Request. To request issuance of a subpoena, a party must submit an out-of-state subpoena to a clerk of a district or county court in the county in which discovery is sought to be conducted in Texas. A request for the issuance of a subpoena under this rule does not constitute an appearance in a Texas court.
• (2) Clerk Duties. When a party submits an out-of-state subpoena to a Texas court clerk, the clerk must promptly issue a subpoena for service on the person or entity to which the out-of-state subpoena is directed.
• (3) Subpoena Contents. A subpoena under paragraph (2) must: A. incorporate the terms used in the out-of-state subpoena; and B. contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party who has appeared and is not represented by counsel.

(c) Service of Subpoena. A subpoena issued under paragraph (b)(2) must be served in compliance with Rules 176 and 205.

(d) Depositions and Production. Rules 190 to 200 and 205 apply to subpoenas issued under paragraph (b)(2).

(e) Application to Court. An application to the issuing court for a protective order or to enforce, quash, or modify a subpoena must comply with the rules or statutes of Texas.