Deposition
The oral examination of a witness under oath, conducted out of court but on the record. Principal mechanism for obtaining detailed witness testimony before trial and for preserving testimony of witnesses unavailable at trial.
A deposition is the oral examination of a witness under oath, conducted out of court but on the record (typically by court reporter, often video-recorded). Depositions are the principal mechanism for obtaining detailed witness testimony before trial and for preserving testimony of witnesses unavailable at trial.
Categories of depositions
Oral depositions: the standard format. Counsel asks questions, the witness answers under oath, the court reporter transcribes.
Depositions on written questions: questions are submitted in writing and read by an officer to the witness. Limited use, mostly for records custodians and routine matters.
Depositions of corporate parties (TRCP 199.2(b)(1)): the requesting party identifies topics; the responding entity designates one or more witnesses to testify on those topics.
Pre-suit depositions (TRCP 202): taken before suit is filed, either to investigate a potential claim or to perpetuate testimony of a witness who may become unavailable.
Time and scope limits
Under TRCP 199.5(c), no side may examine or cross-examine an individual witness for more than six hours, and breaks do not count. Discovery-level caps also apply: 20 hours per party in Level 1 and, in Level 2, 50 hours per side for opposing parties, their experts and people they control (TRCP 190.2(b)(2), 190.3(b)(2)). The scope of permissible questions is the same as the broader discovery scope under TRCP 192.
Use at trial
All or part of a deposition may be used for any purpose in the same proceeding in which it was taken, though against a party joined later only if it is admissible under Texas Rule of Evidence 804(b)(1) or that party had a reasonable chance to redepose the witness and did not (TRCP 203.6(b)). A deposition from a different proceeding may be used as the Rules of Evidence permit (TRCP 203.6(c)). Deposition transcripts may be used as summary judgment evidence (TRCP 166a(j)(1)(A)).
Effective deposition practice involves substantial preparation, both preparing witnesses to testify and preparing examination outlines for opposing witnesses. Any party may have an oral deposition recorded by video or other non-stenographic means on at least five days' notice (TRCP 199.1(c)).
Practice guide: How Long a Business Lawsuit Takes in Texas