Rule 500.7.Subpoenas
Last verified June 28, 2026
In one sentenceRule 500.7 governs subpoenas in justice court — who may issue and serve them, what they must contain, the witness's duty to comply, and enforcement by contempt — to compel a person to attend and testify at a hearing or trial.
Full Text of Rule 500.7
(a) Use. A subpoena may be used by a party or the judge to command a person or entity to attend and give testimony at a hearing or trial. A person may not be required by subpoena to appear in a county that is more than 150 miles from where the person resides or is served.
(b) Who Can Issue. A subpoena may be issued by the clerk of the justice court or an attorney authorized to practice in the State of Texas, as an officer of the court.
(c) Form. Every subpoena must be issued in the name of the “State of Texas” and must:
(1) state the style of the suit and its case number;
(2) state the court in which the suit is pending;
(3) state the date on which the subpoena is issued;
(4) identify the person to whom the subpoena is directed;
(5) state the date, time, place, and nature of the action required by the person to whom the subpoena is directed;
(6) identify the party at whose instance the subpoena is issued, and the party’s attorney of record, if any;
(7) state that “Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of court from which the subpoena is issued and may be punished by fine or confinement, or both”; and
(8) be signed by the person issuing the subpoena.
(d) Service: Where, By Whom, How. A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or by any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness’s attorney of record. Proof of service must be made by filing either:
(1) the witness’s signed written memorandum attached to the subpoena showing that the witness accepted the subpoena; or
(2) a statement by the person who made the service stating the date, time, and manner of service, and the name of the person served.
(e) Compliance Required. A person commanded by subpoena to appear and give testimony must remain at the hearing or trial from day to day until discharged by the court or by the party summoning the witness. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization.
(f) Objection. A person commanded to attend and give testimony at a hearing or trial may object or move for a protective order before the court at or before the time and place specified for compliance. A party causing a subpoena to issue must take reasonable steps to avoid imposing undue burden or expense on the person served. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance and protection from undue burden or expense. The court may impose reasonable conditions on compliance with a subpoena, including compensating the witness for undue hardship.
(g) Enforcement. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or of a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. A fine may not be imposed, nor a person served with a subpoena attached, for failure to comply with a subpoena without proof of service and proof by affidavit of the party requesting the subpoena or the party’s attorney of record that all fees due the witness by law were paid or tendered.
End
Plain-English Summary
Rule 500.7 covers compelling testimony. A party or the judge may use a subpoena to command a person to attend and give testimony. The clerk of the justice court or a Texas-licensed attorney may issue it; it must be issued in the name of "The State of Texas," identify the case and the person, state the time and place and the action required, carry a contempt warning, and be signed.
It may be served anywhere in Texas by a sheriff, constable, or other authorized person, but a subpoena cannot compel a person to appear in a county more than 150 miles from where that person resides or was served. The witness must remain from day to day until discharged, may object or move for a protective order, and a failure to obey without adequate excuse may be punished as contempt of court.
Frequently Asked Questions
Who can issue a subpoena in Texas justice court?
The clerk of the justice court or an attorney licensed in Texas (Rule 500.7).
What happens if someone ignores a justice-court subpoena?
Without an adequate excuse, it may be treated as contempt of the court that issued it.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 500.7), 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: subpoenassubpoena justice courtcompel testimonyTRCP 500.7