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Mr.! In Texas, how do I impose a deposition on a non-party?

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Hi Mr. B! In Texas...
Hi Mr. B! In Texas, how do I impose a deposition on a non-party? Chris
Submitted: 2 years ago.Category: Legal
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Answered in 6 hours by:
9/13/2015
Lawyer: CalAttorney2, Attorney replied 2 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience: Civil litigation attorney for individuals and businesses.
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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

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Customer reply replied 2 years 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?
Lawyer: CalAttorney2, Attorney replied 2 years 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.

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