Q: Write a subpoena to produce documents. Store location is in a Texas County but corporate headquarters in another state.
* Subpoena Local Store Operating in Texas for Documents; However, Corporate Headquarters is in Another State
I need to subpeona a store to produce documents in a proceeding in Texas. The local store is operating in Dallas County, Texas; However, the corporate headquarters is located in another state.
I assume[d] that a foreign subpeona to each of the 3 agents (3 seperate agent corporation headquarters) is required: North Carolina and Massachusetts and Oklahoma.
A:
If a corporation is operating a store in Texas, it is required to obtain a certificate of authority from the Texas Secretary of State and to have and maintain a registered agent for service of process in Texas. If it fails to do so, then the Texas Secretary of State is an agent for service of process under both the Texas Business Organizations Code and the Civil Practice and Remedies Code.
Your attorney, or the clerk of the court where the action is pending, should be able to serve a proper subpoena upon the Texas Secretary of State if the foreign corporation has failed to maintain a registered agent for service of process in this state.
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