IN BRIEF: Texas Adopts Uniform Interstate Depositions and Discovery Act Simplifying Interstate Discovery
Texas recently joined the majority of states in streamlining interstate discovery by adopting the Uniform Interstate Depositions and Discovery Act (“UIDDA”). Amendments to Texas Rule of Civil Procedure 201 fully implemented the UIDDA and took effect August 31, 2025, significantly shifting how parties conduct interstate discovery involving Texas witnesses.
Previously, out-of-state attorneys seeking evidence in Texas were required to obtain a “mandate, writ, or commission” from the court where the lawsuit was pending, which imposed significant delays and costs. Under the amendments to Rule 201, interstate attorneys simply need to file an out-of-state subpoena with a Texas court clerk, who then must promptly issue a comparable Texas subpoena incorporating the terms without needing a court order. The streamlined process applies to subpoenas requiring witnesses to attend and give testimony at depositions and those requiring witnesses to produce documents or tangible things. Notably, the procedures do not amount to an appearance in Texas courts, eliminating the need for out-of-state attorneys to be licensed in Texas or hire local counsel to issue and serve subpoenas. After the issuance of the subpoena, Texas law controls and any discovery disputes get resolved in Texas courts.
The newly implemented rules remove many of the barriers that imposed significant delays on the interstate discovery process by mandating that clerks act “promptly” and eliminating judicial intervention, therefore, expediting the process. Notably, Texas’ version of the UIDDA still requires traditional judicial oversight including a court order for subpoenas seeking inspection of property. As to testimony and documents, the procedural amendments benefit not only parties seeking discovery from Texas witnesses but also Texas litigants conducting discovery in other states utilizing the UIDDA and which require reciprocity in return. Further, because the process has been simplified, defenses against foreign subpoenas will now have to focus on content, scope, or timing, rather than procedural defects.
As a result of Texas’ adoption of the UIDDA, Texas residents and entities will likely see an increase in out-of-state discovery requests, as participation in such litigation is now more efficient, particularly regarding obtaining testimony and documents from Texas witnesses. If you or your business may be affected by these rule changes, please contact Kessler Collins to assist you in navigating these challenges and protecting your interests.
