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.
