CIVIL PRACTICE & REMEDIES CODE

CHAPTER 20. DEPOSITIONS


	§ 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.                                                       
	(c)  A deposition of a witness who is alleged to reside or to 
be 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1993, 73rd Leg., ch. 1037, § 4, eff. Sept. 1, 1993.


	§ 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, § 1, eff. Sept. 1, 1985.