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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116713
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have a subpoena question, I am a practicing attorney in

Customer Question

I have a subpoena question, I am a practicing attorney in texas, and want to serve a nonparty in PA a subpoena for production of documents what is the process?
JA: Because laws vary from place to place, can you tell me what state the subpoena was issued in?
Customer: it will be issued in Texas
JA: Has anything been filed or reported?
Customer: I have a pending case in Texas.... and have not filed the notice of the subpoena or subpoena itself yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes... I know I have to notice and file my subpoena in texas on all parties but can I notice and serve the nonparty in pa
Submitted: 9 days ago.
Category: Criminal Law
Customer: replied 9 days ago.
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Customer: replied 9 days ago.
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Expert:  Law Educator, Esq. replied 9 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There are two methods of doing this, depending on the cooperation of the non-party being served. Because a Texas subpoena has no real jurisdiction in Pennsylvania, it is up to the non-party in Pennsylvania to decide if they wish to agree to the jurisdiction of the Texas courts and cooperate with honoring the Texas court subpoena. If they do agree, then you can simply serve their legal department (or the non-party if they do not have an attorney) with the subpoena by mail. That of course is the easiest option.
The second method is that you have to file a "Motion for Letters Rogatory" in the Texas Courts and explain what documents you are seeking, that they are in control of a non-party in Pennsylvania and you have made good faith effort to obtain them by other means and have not been able to do so. You would ask the Texas court to issue Letters Rogatory to the PA court. Letters Rogatory is a request from the Texas Court to the PA court to issue a PA court subpoena duces tecum for records from the non-party located in PA. If the non-party in PA then does not comply with the PA subpoena duces tecum then you can seek a motion to compel and even a motion for contempt from the PA court which would allow the PA court to enforce the SDT pursuant to the letters rogatory.
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