Tex. R. Civ. P. 203

SIGNING, CERTIFICATION AND USE OF ORAL AND WRITTEN

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RULE 203. SIGNING, CERTIFICATION AND USE OF ORAL AND WRITTEN
DEPOSITIONS
203.1 Signature and Changes.
(a) Deposition transcript to be provided to witness. The deposition officer must provide
the original deposition transcript to the witness for examination and signature. If the
witness is represented by an attorney at the deposition, the deposition officer must provide
the transcript to the attorney instead of the witness.
(b) Changes by witness; signature. The witness may change responses as reflected in the
deposition transcript by indicating the desired changes, in writing, on a separate sheet of
paper, together with a statement of the reasons for making the changes. No erasures or
obliterations of any kind may be made to the original deposition transcript. The witness
must then sign the transcript under oath and return it to the deposition officer. If the witness
does not return the transcript to the deposition officer within 20 days of the date the
transcript was provided to the witness or the witness's attorney, the witness may be deemed
to have waived the right to make the changes.
(c) Exceptions. The requirements of presentation and signature under this subdivision do not
apply:
(1) if the witness and all parties waive the signature requirement;
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(2) to depositions on written questions; or
(3) to non-stenographic recordings of oral depositions.
203.2 Certification.
The deposition officer must file with the court, serve on all parties, and attach as part of the
deposition transcript or non-stenographic recording of an oral deposition a certificate duly sworn
by the officer stating:
(a) that the witness was duly sworn by the officer and that the transcript or non-
stenographic recording of the oral deposition is a true record of the testimony given
by the witness;
(b) that the deposition transcript, if any, was submitted to the witness or to the attorney
for the witness for examination and signature, the date on which the transcript was
submitted, whether the witness returned the transcript, and if so, the date on which
it was returned.
(c) that changes, if any, made by the witness are attached to the deposition transcript;
(d) that the deposition officer delivered the deposition transcript or nonstenographic
recording of an oral deposition in accordance with Rule 203.3;
(e) the amount of time used by each party at the deposition;
(f) the amount of the deposition officer's charges for preparing the original deposition
transcript, which the clerk of the court must tax as costs; and
(g) that a copy of the certificate was served on all parties and the date of service.
203.3 Delivery.
(a) Endorsement; to whom delivered. The deposition officer must endorse the title of the
action and "Deposition of (name of witness)" on the original deposition transcript (or a
copy, if the original was not returned) or the original nonstenographic recording of an oral
deposition, and must return:
(1) the transcript to the party who asked the first question appearing in the transcript,
or
(2) the recording to the party who requested it.
(b) Notice. The deposition officer must serve notice of delivery on all other parties.
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(c) Inspection and copying; copies. The party receiving the original deposition transcript or
non-stenographic recording must make it available upon reasonable request for inspection
and copying by any other party. Any party or the witness is entitled to obtain a copy of the
deposition transcript or non-stenographic recording from the deposition officer upon
payment of a reasonable fee.
203.4 Exhibits.
At the request of a party, the original documents and things produced for inspection during the
examination of the witness must be marked for identification by the deposition officer and annexed
to the deposition transcript or non-stenographic recording. The person producing the materials may
produce copies instead of originals if the party gives all other parties fair opportunity at the
deposition to compare the copies with the originals. If the person offers originals rather than copies,
the deposition officer must, after the conclusion of the deposition, make copies to be attached to
the original deposition transcript or non-stenographic recording, and then return the originals to
the person who produced them. The person who produced the originals must preserve them for
hearing or trial and make them available for inspection or copying by any other party upon seven
days' notice. Copies annexed to the original deposition transcript or non-stenographic recording
may be used for all purposes.
203.5 Motion to Suppress.
A party may object to any errors and irregularities in the manner in which the testimony is
transcribed, signed, delivered, or otherwise dealt with by the deposition officer by filing a motion
to suppress all or part of the deposition. If the deposition officer complies with Rule 203.3 at least
one day before the case is called to trial, with regard to a deposition transcript, or 30 days before
the case is called to trial, with regard to a non-stenographic recording, the party must file and serve
a motion to suppress before trial commences to preserve the objections.
203.6 Use.
(a) Non-stenographic recording; transcription. A non-stenographic recording of an oral
deposition, or a written transcription of all or part of such a recording, may be used to the
same extent as a deposition taken by stenographic means. However, the court, for good
cause shown, may require that the party seeking to use a non-stenographic recording or
written transcription first obtain a complete transcript of the deposition recording from a
certified court reporter. The court reporter's transcription must be made from the original
or a certified copy of the deposition recording. The court reporter must, to the extent
applicable, comply with the provisions of this rule, except that the court reporter must
deliver the original transcript to the attorney requesting the transcript, and the court
reporter's certificate must include a statement that the transcript is a true record of the non-
stenographic recording. The party to whom the court reporter delivers the original
transcript must make the transcript available, upon reasonable request, for inspection and
copying by the witness or any party.
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(b) Same proceeding. All or part of a deposition may be used for any purpose in the same
proceeding in which it was taken. If the original is not filed, a certified copy may be used.
"Same proceeding" includes a proceeding in a different court but involving the same
subject matter and the same parties or their representatives or successors in interest. A
deposition is admissible against a party joined after the deposition was taken if:
(1) the deposition is admissible pursuant to Rule 804(b)(1) of the Rules of Evidence,
or
(2) that party has had a reasonable opportunity to redepose the witness and has failed
to do so.
(c) Different proceeding. Depositions taken in different proceedings may be used as
permitted by the Rules of Evidence.
[RULE 204. Repealed effective January 1, 1999; see, Rule 199.5]

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