Effective August 31, 2025
Texas Rules of Civil Procedure 201.3
Overview of Amendments Announced in Supreme Court of Texas Order No. 25-9060
On August 31, the Supreme Court of Texas adopted the Uniform Interstate Depositions & Discovery Act (UIDDA) in Texas by creating Texas Rule of Civil Procedure 201.3. The adoption of the UIDDA creates a streamlined process for out-of-state attorneys to conduct discovery in Texas and depose Texas residents. The new statute does not modify the requirements for serving discovery on non-parties under Texas Rule of Civil Procedure 205, and Texas still requires a court order for premises inspections by subpoena for all litigation matters.
Changes to Rule 201.1 and Rule 201.2
Rule 201 is newly entitled “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.” The new title expands the scope of Rule 201 from addressing only “depositions” to all forms of “discovery.” The Supreme Court of Texas now also draws a clear distinction between other U.S. states and foreign countries — Rule 201 no longer groups these jurisdictions together as “foreign jurisdictions.”
Rule 201.1 only saw a title change. The new title, “Depositions in Other States and Foreign Countries for Use in Texas Proceedings,” reflects the distinction mentioned above between other states within the United States and courts in foreign countries. Because only the title changed, the procedure for Texas attorneys to take depositions outside of Texas for use in Texas proceedings — whether in another state or another country — remains the same.
In contrast, the Supreme Court of Texas drastically revised Rule 201.2 and narrowed its scope. Rule 201.2 previously applied to depositions taken in Texas for use in any foreign jurisdiction — including in other U.S. states and foreign countries. The amended rule now applies only to “Deposition[s] in Texas for Use in Proceedings in Foreign Countries.” Attorneys involved in cases abroad must now comply with Rule 201.2 when seeking to depose a person or entity in Texas. The amended Rule 201.2 reads in full:
“If a court of any country that is a signator[y] 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 bending in this State.”
This amendment primarily clarifies the process by which attorneys in foreign proceedings may obtain a deposition of Texas residents for use in foreign proceedings. The reason for limiting the scope of this rule to now apply only to foreign countries is the adoption of the UIDDA.
UIDDA Streamlines Depositions of Texas Residents for Out-of-State Proceedings
Under Rule 201.3, which implements the UIDDA in Texas, attorneys handling matters in other states now have a significantly simplified process for taking the deposition of a Texas resident or entity.
Previously, out-of-state attorneys needed to have a Texas-licensed attorney file a new cause of action in the Texas court in which the witness resided before performing a deposition for use in an out-of-state proceeding.
Now, following the adoption of the UIDDA, that extra step has been eliminated. After speaking with District Court Clerks in Bexar, Travis, Harris, Dallas, Tarrant and Collin Counties, the most notable change affects out-of-state attorneys: they no longer need a Texas-licensed attorney to file the out-of-state subpoena. Instead, the out-of-state attorney can directly file the out-of-state subpoena with the appropriate Texas court under Rule 201.3 to obtain discovery or schedule a deposition.
According to the clerks’ offices, Texas attorneys are unlikely to experience substantial procedural changes as a result of the adoption of the UIDDA. As of this publication, none of the counties we spoke with had created forms or new documents for attorneys to use to comply with the UIDDAA; some counties initially indicated they were working on forms, but then later said they decided against it.
Another noteworthy change — though its application varies from county to county — is that some courts now allow attorneys to file a styled letterhead in lieu of initiating a new lawsuit as formerly required. Attorneys should confirm local requirements with the specific District Court Clerk’s office before filing, because this procedure is not applied uniformly across Texas. Regardless of the format, each subpoena must still include payment of the filling fee which is equivalent to the cost of filing a new lawsuit in Texas. All subpoenas for non-party discovery still must comply with Texas Rule of Civil Procedure 205.
What the UIDDA Means for Bell Nunnally’s Texas Clients
For Texas residents and entities, the adoption of the UIDDA means that the process for participating in out-of-state litigation has become more streamlined and less prone to procedural attack. Out-of-state attorneys no longer need to engage Texas counsel to file a subpoena, and in some jurisdictions, a styled letterhead submission is accepted in lieu of filing a new lawsuit. Hence, while Texas residents and entities formerly could attack the often-present procedural defects in an out-of-state subpoena, the new procedure means defenses against foreign subpoenas must instead focus more on the subpoena content, scope, timing or location.
Practically speaking, this procedural efficiency also means that Texas residents and businesses may see an increase in requests for depositions or discovery arising from out-of-state proceedings.
As Texas courts and district clerks continue implementing the UIDDA, Bell Nunnally will monitor developments and procedural updates across the state to ensure our clients remain informed and prepared for any changes in practice.
Key Takeaways:
- Texas has officially adopted the UIDDA through amendments to Texas Rule of Civil procedure 201, simplifying the process for obtaining discovery is cross-state matters.
- Rule 201.1 clarifies procedures for taking depositions outside of Texas for use in Texas proceedings but makes no substantive procedural changes.
- Rule 201.2 now applies only to depositions in Texas for use in foreign (non-U.S.) proceedings, reflecting Texas’s alignment with the Hague Convention and similar treaties.
- Rule 201.3 (UIDDA) streamlines the process for out-of-state attorneys to take depositions in Texas — eliminating the need for Texas counsel to file a separate lawsuit and, in some counties, permitting styled letterhead filings instead.
- Texas Rules regarding discovery to non-parties has not changed.
- For Texas residents and entities, these changes make participation in out-of-state litigation easier and more common, as subpoenas can now be issued more efficiently.