The (Not So) Long Arm of the Law -- Geographic Limitation of Civil Subpoenas in Texas

San Antonio Texas Real Estate Attorney Trey Wilson wrote:

On more than a few occasions over the years, a client has contacted me after reciving a subpoena to appear or produce documents in a distant texas county they have never heard of.  With 254 counties and 254 corresponding courthouses, chances are that there's more than a few that virtually none of us have heard of.

The question is always the same -- do I really have to spend the time and money to travel from South Texas to Amarillo or Orange?  Fortunately, the Answer is frequently "Probably Not."

This because the Texas Rules of Civil Procedure contain an express geographic / distance limitation on civil subpoenas.  Specifically, Texas Rule of Civil Procedure 176.3(a) provides that subpoenas are not effective if they require the witness to appear or produce documents in a county that is more than 150 miles from where the person resides or is served.  

As with any Rule of Court, however, there are important exceptions to the Rule:

1.  Rule 176 applies only to discovery sought from non-parties. See TEX. R. CIV. P. 199.2(b)(5); see also Tex. R. Civ. P. 199.3. If you are a party to a lawsuit, you can be compelled (even without a subpoena) to appear in the county of suit or a variety of other counties.

2.  Rule 176 does not apply to Criminal subpoenas.  Under the Code of Criminal Procedure Procedure, a defendant charged with a felony or a misdemeanor punishable by confinement is entitled to subpoena out-of- county witnesses. See Tex.Code Crim. Proc. Ann. art. 24.16

3.  Rule 176 may or may not apply to administrative or other qausi-judicial tribunals, such as those before the Texas State Office of Administrative Hearings (SOAH).

Further, no subpoena should ever be ignored.  Even if you believe that you have been served with an ineffective subpoena, it is still imperative that you contact the Court or attorney who issued it to explain why you don't believe you should appear.

After all, lawyers -- and especially judges -- don't handle being ignored very well.