Compelling Third-Party Evidence
A Subpoena Duces Tecum is the judicial command compelling a non-party witness, bank, employer, or medical provider to produce documents, electronically stored information, or tangible records for inspection.
Mandatory Advance Notice to Adverse Parties
Under state rules of civil procedure, a party cannot issue a subpoena to a non-party without first serving a formal Notice of Intent to Issue Subpoena on all other parties to the action (typically 10 to 15 days in advance). This provides opposing counsel the statutory opportunity to object or file a Motion for Protective Order.
Statutory Witness Fees: A Mandatory Prerequisite
Under federal and state law, a subpoena requiring in-person attendance or deposition testimony is legally invalid unless accompanied by the statutory witness fee and mileage reimbursement at the exact time of service:
- Federal Court (28 U.S.C. § 1821): $40.00 daily attendance fee plus current standard GSA mileage rate;
- Texas (CPRC § 22.001): $10.00 cash or check tendered upon service;
- California (Gov. Code § 68093): $35.00 daily fee plus $0.20 per mile round-trip.