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CalAttorney2
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Experience:  Civil litigation attorney for individuals and businesses.
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Mr.! In Texas, how do I impose a deposition on a non-party?

Customer Question

Hi Mr. B! In Texas, how do I impose a deposition on a non-party? Chris
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

You will need to issue a subpoena for a third party (or non-party) deposition.

This article discusses this practice and the civil procedure rules involved: http://www.zelle.com/news-publications-266.html

And here is a sample subpoena (it is for Harris County, you will need a notice specific for your county, please note, it must be issued by the Court Clerk): http://www.hcdistrictclerk.com/Common/Forms/pdf/CIVCP02_Witness_Deposition_Subpoena_Subpoena_Duces_Tecum.pdf

Customer: replied 1 year ago.
Thanks William ... that is very accurate and specific guidance. One follow up question ... if the non-party provides either oral or written responses, how can that information be introduced as evidence at trial?
Expert:  CalAttorney2 replied 1 year ago.

Use of deposition transcripts at trial (in lieu of live testimony by the witness) is a strategy call, and you run a risk of compromising your testimony by relying on deposition transcripts in place of witness testimony.

However, Texas does permit deposition transcripts to be introduced at trial.

I would recommend reviewing this article: http://www.agtriallaw.com/papers/talkingheads.pdf which discusses strategy considerations and the rules associated with depositions (both taking, defending, and using them).

The information on trial practice begins on page 28.