Rule 205.Discovery from Non-Parties

Last verified June 28, 2026

In one sentenceRule 205 sets out how to get documents, things, or testimony from a non-party — by court order or by subpoena — and requires notice to the other parties and reimbursement of the non-party's reasonable costs of production.

Full Text of Rule 205

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205.1 Forms of Discovery; Subpoena Requirement. A party may compel discovery from a nonparty--that is, a person who is not a party or subject to a party's control--only by obtaining a court order under Rules 196.7, 202, or 204, or by serving a subpoena compelling:

(a) an oral deposition;

(b) a deposition on written questions;

(c) a request for production of documents or tangible things, pursuant to Rule 199.2(b)(5) or Rule 200.1(b), served with a notice of deposition on oral examination or written questions; and

(d) a request for production of documents and tangible things under this rule.

205.2 Notice. A party seeking discovery by subpoena from a nonparty must serve, on the nonparty and all parties, a copy of the form of notice required under the rules governing the applicable form of discovery. A notice of oral or written deposition must be served before or at the same time that a subpoena compelling attendance or production under the notice is served. A notice to produce documents or tangible things under Rule 205.3 must be served at least 10 days before the subpoena compelling production is served.

205.3 Production of Documents and Tangible Things Without Deposition.

(a) Notice; subpoena. A party may compel production of documents and tangible things from a nonparty by serving - reasonable time before the response is due but no later than 30 days before the end of any applicable discovery period - the notice required in Rule

205.2 and a subpoena compelling production or inspection of documents or tangible things. (b) Contents of notice. The notice must state:

(1) the name of the person from whom production or inspection is sought to be compelled;

(2) a reasonable time and place for the production or inspection; and

(3) the items to be produced or inspected, either by individual item or by category, describing each item and category with reasonable particularity, and, if applicable, describing the desired testing and sampling with sufficient specificity to inform the nonparty of the means, manner, and procedure for testing or sampling. (c) Requests for production of medical or mental health records of other non-parties. If a party requests a nonparty to produce medical or mental health records of another nonparty, the requesting party must serve the nonparty whose records are sought with the notice required under this rule. This requirement does not apply under the circumstances set forth in Rule 196.1(c)(2). (d) Response. The nonparty must respond to the notice and subpoena in accordance with Rule 176.6. (e) Custody, inspection and copying. The party obtaining the production must make all materials produced available for inspection by any other party on reasonable notice, and must furnish copies to any party who requests at that party's expense. (f) Cost of production. A party requiring production of documents by a nonparty must reimburse the nonparty's reasonable costs of production.

End

Notes and Comments

Comments to 1999 change: Under this rule, a party may subpoena production of documents and tangible things from nonparties without need for a motion or oral or written deposition.

Plain-English Summary

A non-party is not subject to ordinary party discovery, so Rule 205 supplies the path. A party may compel a non-party only by a court order under the rules for entry on property, pre-suit depositions, or examinations, or by serving a subpoena for an oral or written deposition or for documents and things. The party must serve the other parties with the notice for the form of discovery used.

To get documents alone, without a deposition, a party serves the required notice at least 10 days before the subpoena and serves the subpoena no later than 30 days before the end of the discovery period. The party who obtains the production must share it with the other parties and must reimburse the non-party's reasonable costs of production.

Frequently Asked Questions

How do you get documents from someone who is not a party to a Texas lawsuit?

Serve the notice required by Rule 205 and a subpoena for production. For documents alone, the notice must be served at least 10 days before the subpoena, and the subpoena no later than 30 days before the end of the discovery period.

Do you have to pay a non-party for producing documents?

Yes. A party requiring production from a non-party must reimburse the non-party's reasonable costs of production.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 205), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: nonparty discoverythird-party subpoenasubpoena to nonpartyrecords subpoenaTRCP 205