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Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > 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.

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.