Texas Adopts the Uniform Interstate Depositions and Discovery Act

The Uniform Interstate Depositions and Discovery Act (“UIDDA”), which provides procedures for interstate discovery at the state-court level, has been adopted by nearly every state and territory. Texas’ status as one of the last holdouts to adopt the UIDDA has finally come to an end.

On June 11, 2023, Governor Abbott signed into law HB 3929, which provided that, “[b]efore September 1, 2025, the Supreme Court of Texas may adopt the [UIDDA] as rules of civil procedure.” The Texas Supreme Court, days before that deadline, amended Rule 201 to add Rule 201.3, which adopted the UIDDA, effective August 31, 2025.

Effective August 31, 2025, Rule 201.3 now governs the process for parties seeking discovery in Texas for use in out-of-state proceedings. Under the former rule, Rule 201.2, a party seeking to enforce discovery in Texas had to obtain a mandate or writ from the out-of-state court and have a Texas court enforce the subpoena.

Under the new rule, a party seeking to enforce an out-of-state subpoena can submit it to a Texas clerk in the relevant county and have the clerk issue the subpoena without judicial involvement.

Rule 201.3, however, does include a crucial deviation from the Uniform Law Commission’s model language. Texas retains its requirement that any premises inspection must be authorized by a court order, whether in-state or out-of-state.

Despite that modification, the new rule significantly modernizes how Texas courts facilitate discovery in out-of-state proceedings and aligns Texas with widely adopted national standards. The new approach should simplify the process of domesticating out-of-state subpoenas in Texas by minimizing the procedural steps and providing clear guidelines for clerk issuance. As a result, the rule is expected to reduce litigation costs, minimize delays, and lead to more efficient interstate litigation.

With three Texas offices and extensive experience in Texas courts, Foley & Lardner is well-positioned to assist with interstate discovery matters implicating this new Texas Rule of Civil Procedure. Please contact Davis G. Mosmeyer III with any questions regarding the UIDDA or the implications of Rule 201.3.