CHAPTER 20. DEPOSITIONS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE B. TRIAL MATTERS
CHAPTER 20. DEPOSITIONS
Sec. 20.001. PERSONS WHO MAY TAKE A DEPOSITION. (a) A
deposition on written questions of a witness who is alleged to
reside or to be in this state may be taken by:
(1) a clerk of a district court;
(2) a judge or clerk of a county court; or
(3) a notary public of this state.
(b) A deposition of a witness who is alleged to reside or to be
outside this state, but inside the United States, may be taken in
another state by:
(1) a clerk of a court of record having a seal;
(2) a commissioner of deeds appointed under the laws of this
state; or
(3) any notary public.
(c) A deposition of a witness who is alleged to reside or to be
outside the United States may be taken by:
(1) a minister, commissioner, or charge d'affaires of the United
States who is a resident of and is accredited in the country
where the deposition is taken;
(2) a consul general, consul, vice-consul, commercial agent,
vice-commercial agent, deputy consul, or consular agent of the
United States who is a resident of the country where the
deposition is taken; or
(3) any notary public.
(d) A deposition of a witness who is alleged to be a member of
the United States Armed Forces or of a United States Armed Forces
Auxiliary or who is alleged to be a civilian employed by or
accompanying the armed forces or an auxiliary outside the United
States may be taken by a commissioned officer in the United
States Armed Forces or United States Armed Forces Auxiliary or by
a commissioned officer in the United States Armed Forces Reserve
or an auxiliary of it. If a deposition appears on its face to
have been taken as provided by this subsection and the deposition
or any part of it is offered in evidence, it is presumed, absent
pleading and proof to the contrary, that the person taking the
deposition as a commissioned officer was a commissioned officer
on the date that the deposition was taken, and that the deponent
was a member of the authorized group of military personnel or
civilians.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 1037, Sec. 4, eff. Sept. 1,
1993.
Sec. 20.002. TESTIMONY REQUIRED BY FOREIGN JURISDICTION. If a
court of record in any other state or foreign jurisdiction issues
a mandate, writ, or commission that requires a witness's
testimony in this state, either to written questions or by oral
deposition, the witness may be compelled to appear and testify in
the same manner and by the same process used for taking testimony
in a proceeding pending in this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.