U.S. District Court - Northern District of Texas

Publications - Attorney & Pro Se Handbook

V. Discovery

A. Filing Discovery Items

A party should not file with the District Clerk's Office any discovery items such as interrogatories and answers to interrogatories, requests for production or inspection, requests for admissions and responses, or initial disclosures under Rule 26(a)(1)-(2) of the Federal Rules of Civil Procedure, except as necessary for consideration of a pretrial motion, for use in a proceeding, or as ordered by the presiding judge (see Fed.R.Civ.P.5(d) and LR 5.2). If a discovery item is the subject matter of a dispute or is necessary for consideration of a pretrial motion, only those portions that are necessary to the dispute or motion should be filed.

B. Notice of Deposition and Issuance of Deposition Subpoena

An attorney may issue a subpoena on behalf of the Court in a civil case without assistance from the District Clerk's Office pursuant to Rule 45(a)(3) of the Federal Rules of Civil Procedure. Subpoena forms for this purpose are available online and in the District Clerk's Office (see Attachment 24).

A subpoena must issue from the Court for the district in which the deposition is to be taken, which may or may not be the district where the case is pending. The subpoena may be served at any place within the district or at any place outside the district that is within 100 miles of the place of the deposition. However, a subpoena shall be quashed or modified if it requires a nonparty to appear for a deposition more than 100 miles from his/her residence or regular place of business or employment. Rule 45(c) of the Federal Rules of Civil Procedure provides details on subpoena limitations.

The District Clerk's Office will issue a deposition subpoena for a case pending in the Northern District on request if an original Notice of Deposition is on file or is presented for filing at the time the subpoena is to be issued. The information contained in the Notice of Deposition must be identical to information on the subpoena. The Notice of Deposition should include: (a) the name and complete address of the person(s) being deposed; (b) date and time of deposition; (c) complete address of location where the deposition is to be taken; and (d) an originally signed certificate of service.

To issue a deposition subpoena for a case filed in another district (a foreign subpoena), the Northern District of Texas requires a photocopy of the Notice of Deposition filed in that district, including the attorney signature page and completed certificate of service page. Also, a $39 fee per notice (not per name) is required payable to Clerk, United States District Court.

Rule 45(b)(1) of the Federal Rules of Civil Procedure states that a subpoena commanding a person's attendance must be accompanied by ". . . the fees for one day's attendance and the mileage allowed by law." For assistance in determining the precise amount that must be tendered with a deposition subpoena, attorneys should refer to 28 U.S.C. ' 1821.