How to Enter a Deposition Testimony Into Evidence in Texas
The state of Texas accepts depositions as evidence, even when the witness is present, as long as they are submitted in accordance with Rule 902 of the Texas Rules of Evidence. Court fees vary depending on whether you are filing a deposition as part of an initial case filing or you are filing it as an addendum to an existing case. Depositions must be submitted to the Clerk of Courts in your city and accompanied by the appropriate filing fee.
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Things You'll Need
- $125 filing fee for original civil proceedings, as of October 2011
- $15 filing fee for rehearings, as of October 2011
- $10 filing fee for an addendum, as of October 2011
- Certificate of Conference
Instructions
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Download and complete a Certificate of Conference from the Texas Courts website (see Resources). A Certificate of Conference must accompany every original civil process filing. If you are filing the deposition as an addendum, the Certificate of Conference is not necessary.
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2
Complete an affidavit in accordance with Rule 902(10) of the Texas Rules of Evidence. The affidavit must be completed to authenticate the deposition you are entering. Follow the format for business records provided in Rule 902(10).
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Visit the Clerk of Courts in your city with the deposition, the affidavit and the appropriate filing fee. A list of Clerks of Courts is available on the Texas Courts website.
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Provide your case number to the Clerk of Court if you have already filed an original case.
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Give the Clerk of Court your affidavit, the deposition and the appropriate filing fee. Ask for a receipt of filing for your records.
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Tips & Warnings
If you are filing a deposition that pertains to termination of parental rights, you must use aliases for the minor parties.
References
Resources
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