Tex. R. Civ. P. 205

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 befor e 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 circ umstances

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.