Prior to issuing a subpoena, the notary shall:
- (1) require proof of service of notice to take a deposition from the requesting party or attorney; or
- (2) personally execute service of the notice to take a deposition. Additionally, the notary shall confirm that there is no court or administrative order or procedure that precludes the issuance of the subpoena. The notary shall obtain an affidavit from the requesting party or attorney stating whether the party or attorney is aware of any such procedure or order.
Source Note:The provisions of this §87.52 adopted to be effective June 2, 1993, 18 TexReg 3277.