Rule 200. Depositions Upon Written Questions

(a) Who may be noticed; when. A party may take the testimony of any person or entity by deposition on written questions before any person authorized by law to take depositions on written questions. A notice of intent to take the deposition must be served on the witness and all parties at least 20 days before the deposition is taken. A deposition on written questions may be taken outside the discovery period only by agreement of the parties or with leave of court. The party noticing the deposition must also deliver to the deposition officer a copy of the notice and of all written questions to be asked during the deposition.

(b) Content of notice. The notice must comply with Rules 199.1(b), 199.2(b), and 199.5(a)(3). If the witness is an organization, the organization must comply with the requirements of that provision. The notice also may include a request for production of documents as permitted by Rule 199.2(b)(5), the provisions of which will govern the request, service, and response. 200.2 Compelling Witness to Attend. A party may compel the witness to attend the deposition on written questions by serving the witness with a subpoena under Rule 176. If the witness is a party or is retained by, employed by, or otherwise subject to the control of a party, however, service of the deposition notice upon the party’s attorney has the same effect as a subpoena served on the witness. 200.3 Questions and Objections.

(a) Direct questions. The direct questions to be propounded to the witness must be attached to the notice.

(b) Objections and additional questions. Within ten days after the notice and direct questions are served, any party may object to the direct questions and serve cross-questions on all other parties. Within five days after cross-questions are served, any party may object to the cross-questions and serve redirect questions on all other parties. Within three days after redirect questions are served, any party may object to the redirect questions and serve re-cross questions on all other parties. Objections to re-cross questions must be served within five days after the earlier of when re-cross questions are served or the time of the deposition on written questions.

(c) Objections to form of questions. Objections to the form of a question are waived unless asserted in accordance with this subdivision. 200.4 Conducting the Deposition Upon Written Questions. The deposition officer must: take the deposition on written questions at the time and place designated; record the testimony of the witness under oath in response to the questions; and prepare, certify, and deliver the deposition transcript in accordance with Rule 203. The deposition officer has authority when necessary to summon and swear an interpreter to facilitate the taking of the deposition.

Committee Notes

Comments to 1999 change: 1. The procedures for asserting objections during oral depositions under Rule 199.5(e) do not apply to depositions on written questions. 2. Section 20.001 of the Civil Practice and Remedies Code provides that a deposition on written questions of a witness who is alleged to reside or to be in this state may be taken by a clerk of a district court, a judge or clerk of a county court, or a notary public of this state. [RULE 201. Repealed effective January 1, 1999; see , Rules 176.6 and 199] RULE 201. DISCOVERY IN OTHER STATES AND FOREIGN COUNTRIES FOR USE IN TEXAS PROCEEDINGS; DISCOVERY IN TEXAS FOR USE IN PROCEEDINGS IN OTHER STATES AND FOREIGN COUNTRIES 201.1 Depositions in Other States and Foreign Countries for Use in Texas Proceedings. (a) Generally. A party may take a deposition on oral examination or written questions of any person or entity located in another state or a foreign country for use in proceedings in this State. The deposition may be taken by: (1) notice; (2) letter rogatory, letter of request, or other such device; (3) agreement of the parties; or (4) court order. (b) By notice. A party may take the deposition by notice in accordance with these rules as if the deposition were taken in this State, except that the deposition officer may be a person authorized to administer oaths in the place where the deposition is taken. (c) By letter rogatory. On motion by a party, the court in which an action is pending must issue a letter rogatory on terms that are just and appropriate, regardless of whether any other manner of obtaining the deposition is impractical or inconvenient. The letter must: (1) be addressed to the appropriate authority in the jurisdiction in which the deposition is to be taken; (2) request and authorize that authority to summon the witness before the authority at a time and place stated in the letter for examination on oral or written questions; and (3) request and authorize that authority to cause the witness’s testimony to be reduced to writing and returned, together with any items marked as exhibits, to the party requesting the letter rogatory. (d) By letter of request or other such device. On motion by a party, the court in which an action is pending, or the clerk of that court, must issue a letter of request or other such device in accordance with an applicable treaty or international convention on terms that are just and appropriate. The letter or other device must be issued regardless of whether any other manner of obtaining the deposition is impractical or inconvenient. The letter or other device must: (1) be in the form prescribed by the treaty or convention under which it is issued, as presented by the movant to the court or clerk; and (2) must state the time, place, and manner of the examination of the witness. (e) Objections to form of letter rogatory, letter of request, or other such device. In issuing a letter rogatory, letter of request, or other such device, the court must set a time for objecting to the form of the device. A party must make any objection to the form of the device in writing and serve it on all other parties by the time set by the court, or the objection is waived. (f) Admissibility of evidence. Evidence obtained in response to a letter rogatory, letter of request, or other such device is not inadmissible merely because it is not a verbatim transcript, or the testimony was not taken under oath, or for any similar departure from the requirements for depositions taken within this State under these rules. (g) Deposition by electronic means. A deposition in another jurisdiction may be taken by telephone, video conference, teleconference, or other electronic means under the provisions of Rule 199. 201.2 Depositions in Texas for Use in Proceedings in Foreign Countries. If a court of any foreign country that is a signator to the Hague Convention on the Taking Evidence Abroad in Civil or Commercial Matters or another similar treaty issues a letter of request that requires a witness’s oral or written deposition testimony in this State, 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. 201.3 Discovery in Texas for Use in Proceedings in Other States. (a) Definitions. (1) “Out-of-state subpoena” means a subpoena issued under the authority of a court in another state. (2) “Subpoena” means a document issued under the authority of a court requiring a person or entity to: A. attend and give testimony at a deposition on oral examination or written questions; or B. produce documents or tangible things. (b) Issuance of Subpoena. (1) Request. To request issuance of a subpoena, a party must submit an out-of-state subpoena to a clerk of a district or county court in the county in which discovery is sought to be conducted in Texas. A request for the issuance of a subpoena under this rule does not constitute an appearance in a Texas court. (2) Clerk Duties. When a party submits an out-of-state subpoena to a Texas court clerk, the clerk must promptly issue a subpoena for service on the person or entity to which the out-of-state subpoena is directed. (3) Subpoena Contents . A subpoena under paragraph (2) must: A. incorporate the terms used in the out-of-state subpoena; and B. contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party who has appeared and is not represented by counsel. (c) Service of Subpoena. A subpoena issued under paragraph (b)(2) must be served in compliance with Rules 176 and 205. (d) Depositions and Production. Rules 190 to 200 and 205 apply to subpoenas issued under paragraph (b)(2). (e) Application to Court. An application to the issuing court for a protective order or to enforce, quash, or modify a subpoena must comply with the rules or statutes of Texas. Notes and Comments Comments to 1999 change: 1. Rule 201.1 sets forth procedures for obtaining deposition testimony of a witness in another state or foreign jurisdiction for use in Texas court proceedings. It does not, however, address whether any of the procedures listed are, in fact, permitted or recognized by the law of the state or foreign jurisdiction where the witness is located. A party must first determine what procedures are permitted by the jurisdiction where the witness is located before using this rule. 2. Section 20.001 of the Civil Practice and Remedies Code provides a nonexclusive list of persons who are qualified to take a written deposition in Texas and who may take depositions (oral or written) in another state or outside the United States. 3. Rule 201.2 is based on Section 20.002 of the Civil Practice and Remedies Code. Comment to 2025 change: New Rule 201.3 is based on the Uniform Interstate Depositions and Discovery Act, in accordance with Section 1 of the Act of May 21, 2023, 88th Leg., R.S., ch. 616 (H.B. 3929). The Uniform Interstate Depositions and Discovery Act is adopted as modified by new Rule 201.3. The modification excludes that Act’s provisions permitting premises inspection by subpoena, retaining the Texas rule requiring a court order for premises inspections for both in- state and out-of-state litigation. Other clarifying and stylistic changes have been made. [RULE 202. Repealed effective January 1, 1999; see , Rules 199.1 and 203.6]