Civil Discovery ActDeposition by Written Questions
Section § 2028.010
This law section allows a person involved in a legal case to ask for information by submitting written questions instead of doing an in-person interview (oral deposition). The procedures for this written method follow the same rules as those for oral interviews, unless specified otherwise in this part of the law.
Section § 2028.020
This law explains how to properly notify parties about a written deposition. It requires following certain existing rules, but with a few exceptions. Firstly, the notice must include the name, title, and address of the person in charge of the deposition. Secondly, the precise date, time, and location do not need to be set at the time of the notice; these can be decided later by the deposition officer.
Section § 2028.030
This law outlines the process for written depositions, detailing how questions for a deponent are handled. First, the questions for direct examination must be included with the notice of the deposition. Then, within 30 days, other parties can submit cross-examination questions. If necessary, redirect questions must be served within 15 days after receiving cross questions, and recross questions can follow within another 15 days. The court has the authority to alter these timeframes if good reasons are presented.
Section § 2028.040
If you have an issue with how a question is asked during a deposition, you need to clearly let everyone involved know within 15 days. If you don't, you lose the right to object to it later. After objecting, you must quickly ask the court to back you up with a special motion that shows you've tried to work things out first. Until the court decides on your objection, the person being questioned will have to answer the question as it is. If you lose or oppose this motion without a good reason, the court can fine you, unless you had a strong reason for your actions or the fine would be unfair.
Section § 2028.050
If someone objects to a question during a deposition because they believe it asks for privileged or protected information, they must let everyone involved know within 15 days, or the objection is waived. If an objection is filed, the person who asked the original question can ask the court to dismiss the objection. There's a specific process to follow, including a requirement to discuss the issue with the other party. Any question with an objection can't be asked unless the court decides against the objection. If you lose the court motion about the objection and acted without good reason, you might have to pay a penalty, unless there's a good reason not to impose it.
Section § 2028.060
When someone is set to give a written deposition, the party questioning them can send them a copy of their direct examination questions to look over ahead of time. However, neither the parties involved nor their attorneys are allowed to show the deponent any questions they might face during cross-examination or follow-up questioning.
Section § 2028.070
This section allows a court to make specific orders about depositions, which are ways to collect testimony. The court can decide if the testimony should be given out loud rather than in writing. It can also allow parties to be present and ask questions directly. The court can rule on certain objections about the deposition. Lastly, it can order that the deposition happen in front of a different officer than originally planned.
Section § 2028.080
When a party schedules a written deposition, they must give a copy of the deposition notice and any questions to the officer who will handle the deposition. This officer is responsible for asking the questions promptly and recording the person's answers.