Texas Small Claims Court Subpoena: How to Compel Witnesses and Records

When You Need a Subpoena in Texas Small Claims

Your key witness says they want to help but cannot take a day off work. Your contractor's bank records would prove the deposit cleared. A neighbour's security footage captured the damage. A subpoena can compel a witness to attend and testify; for pretrial requests for records, ask the court to approve discovery under Rule 500.8.

Under TRCP Rule 500.7, Texas Justice Courts can subpoena a person or entity to attend and give testimony at a hearing or trial. Pretrial requests for documents are governed by Rule 500.8 and must be presented to the court for approval.

Subpoenas and Requests for Records

Rule 500.7 subpoenas are used to require attendance and testimony:

Subpoena to testify — orders a person or entity to appear at the hearing and give testimony. Written notarized statements carry minimal weight compared to live testimony, so a subpoena is the standard way to ensure a reluctant witness actually shows up.

Requests for records — pretrial requests for documents or other discovery must be presented to the court under Rule 500.8. The judge decides whether the requested discovery is reasonable and necessary.

Do not assume a Rule 500.7 subpoena requires the witness to bring documents; present a document request to the court under Rule 500.8.

How to Get a Subpoena Issued

1. Request the subpoena from the court clerk. Visit or call the Justice of the Peace court handling your case. Ask for a subpoena form — most clerks use the standardised Texas Justice Court Training Center (TJCTC) template.

2. Fill in the details. Include the full name and address of the witness, the case number, the hearing date and time, and the court location. The subpoena must identify the date, time, place, and nature of the testimony required.

3. Pay the issuance fee. The clerk charges roughly $5–$80 to issue the subpoena, depending on the county.

4. Arrange service. A sheriff or constable may serve the subpoena, as may any person who is not a party and is at least 18 years old. You cannot serve it yourself.

Costs to Expect

Subpoena costs in Texas Justice Court break down into three parts:

• Clerk issuance fee: $5–$80
• Constable service fee: $80–$100 in the researched county examples (Dallas charges $80; Tarrant $90 as of October 2026). Check the serving county's current fee schedule.
• Witness fee: $10 cash, tendered directly to the witness at the time of service

The $10 witness fee is required under CPRC § 22.001 and TRCP 500.7. The fee must be tendered to the witness when the subpoena is served; confirm with the clerk or server how to arrange payment.

Geographic Limits

A witness cannot be compelled to appear in a county more than 150 miles from where they reside or where they were served with the subpoena. If your witness lives in El Paso and your case is in Harris County, a subpoena will not reach them.

For witnesses within range but outside your county, coordinate with the clerk about out-of-county service — the constable in the witness's county handles delivery, which may add a few days and an extra service fee.

Timing: When to File

Request and serve subpoenas at least one to two weeks before the trial date. Courts need processing time, constables need delivery time, and a last-minute subpoena gives your witness no reasonable chance to comply — a judge may quash it.

If a subpoenaed witness does not appear, you can ask the court to reschedule or, in some cases, to hold the witness in contempt. But these are backup options; the practical approach is early, well-planned service.

What Happens If Your Witness Ignores It

A valid, properly served subpoena is a court order. A witness who fails to appear without a lawful excuse can face contempt of court proceedings, including fines. In practice, most witnesses comply once they see an official court document delivered by a constable — the subpoena signals that this is not optional.

If a critical witness refuses to cooperate despite the subpoena, raise the issue with the judge at the hearing. The court can issue an attachment (essentially a warrant compelling attendance) or grant a continuance so you can enforce compliance.

Building Your Case with Subpoenaed Evidence

Getting witness testimony and document evidence into the courtroom takes preparation. When court-approved discovery produces records, prepare them the same way you prepare any exhibit: three complete copies (one for the judge, one for the opposing party, one for yourself), with relevant sections highlighted or tabbed.

Texas Justice Courts do not follow the formal Texas Rules of Evidence, but judges still expect organised, legible materials. Showing up with a stack of unsorted bank statements will not help your case even if the subpoena got them there.

For a complete walkthrough of the filing process — from the demand letter through the hearing — the Texas Small Claims Filing Guide covers every step, including evidence preparation checklists and a service tracking log.

Frequently Asked Questions

Can I subpoena text messages or emails in Texas small claims court?

To request text messages, emails, or business records before trial, present a specific discovery request to the court under Rule 500.8; pretrial discovery is limited to what the judge considers reasonable and necessary. Follow the court's order about what to produce and in what format.

How much does a subpoena cost in Texas Justice Court?

A one-witness estimate is $95–$190: roughly $5–$80 for the clerk issuance fee, $80–$100 for constable service, and a mandatory $10 cash witness fee. Check the serving county's current fee schedule. Multiple witnesses multiply these costs.

Can I subpoena the other party in my small claims case?

Yes. Rule 500.7 allows a party to subpoena a person or entity, including the opposing party, to attend and give testimony. For pretrial document discovery, Rule 500.8 requires you to present the request to the court, which may approve discovery it considers reasonable and necessary.

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