Texas Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Texas has no motion to quash as such. Rule 176.6 gives two tools: written objections to producing documents, and a motion for a protective order under Rule 192.6(b). They are different steps.

2. 2

   Written objections to producing documents are served on the requesting party, not filed, and must be made before the time specified for compliance (Tex. R. Civ. P. 176.6(d)).

3. 3

   A motion for a protective order must also be made before the time specified for compliance, and it is served on all parties under Rule 21a (Tex. R. Civ. P. 176.6(e)). The rule states no hearing deadline.

4. 4

   Filing or serving written objections or a motion for a protective order suspends compliance for the part objected to until the court orders otherwise (Tex. R. Civ. P. 176.6(d)-(e)). For a document objection, the requesting party must then move to compel (Tex. R. Civ. P. 176.6(d)).

5. 5

   For a trial or hearing subpoena, objections may be made at the time and place of compliance (Tex. R. Civ. P. 176.6(f)).

6. 6

   File a motion for protective order in the court where the action is pending or in a district court in the county where the subpoena was served (Tex. R. Civ. P. 176.6(e)). Rule 176 does not state a meet-and-confer requirement; local rules may add one.

7. 7

   A notice to produce from a nonparty must be served at least 10 days before the subpoena is served (Tex. R. Civ. P. 205.2). The requesting party must serve the nonparty whose medical or mental health records are sought with the notice, subject to Rule 196.1(c)(2) (Tex. R. Civ. P. 205.3(c)).

Texas Requirements for Motion to Quash

• Rule 176.6 objections and protective order

  Texas relief is by written objections to producing documents (176.6(d)) or a motion for protective order under Rule 192.6(b) (176.6(e)), each before the time specified for compliance.

• Written objections are served, not filed

  Written objections to producing documents are served on the requesting party. Timely objection suspends compliance for the part objected to until the court orders otherwise (176.6(d)).

• Service of the motion on all parties

  A motion for protective order is served on all parties under Rule 21a (176.6(e)). No hearing deadline is stated in the rule.

• Court where the motion is brought

  The court where the action is pending, or a district court in the county where the subpoena was served (176.6(e)).

• Grounds under Rule 176.7 and 176.3

  Adequate time for compliance, protection from privileged disclosure, protection from undue burden or expense (176.7); 150-mile range limit (176.3(a)); no discovery outside the discovery rules (176.3(b)).

• Nonparty notice and records notice

  Notice to produce from a nonparty must be served at least 10 days before the subpoena is served (205.2). The nonparty whose medical or mental health records are sought must be served with the notice, subject to Rule 196.1(c)(2) (205.3(c)).

• Out-of-state subpoenas under Rule 201.3

  An out-of-state subpoena is submitted to the clerk of a district or county court in the county where discovery is sought; any application to quash, modify or protect must comply with Texas rules or statutes (201.3(e)).

• Contempt and conditions

  The court may impose conditions, including compensating the witness for undue hardship (176.7). Failure to obey a subpoena is punishable as contempt (176.8).