Texas Government Code 52.059 – Charges for Depositions
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(a) Except as provided by Subsection (c), an attorney who takes a deposition and the attorney’s firm are jointly and severally liable for a shorthand reporter‘s charges for:
(1) the shorthand reporting of the deposition;
(2) transcribing the deposition; and
(3) each copy of the deposition transcript requested by the attorney.
(b) Except as provided by Subsection (c), an attorney who appears at a deposition and the attorney’s firm are jointly and severally liable for a shorthand reporter’s charges for each copy of the deposition transcript requested by the attorney.
Terms Used In Texas Government Code 52.059
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Subpoena: A command to a witness to appear and give testimony.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(c) Prior to the taking of any deposition, a determination of the person who will pay for the deposition costs will be made on the record, if an attorney is unwilling to be bound by the provisions of Subsection (a) or (b).
(d) In this section:
(1) “Firm” means:
(A) a partnership organized for the practice of law in which an attorney is a partner or with which an attorney is associated; or
(B) a professional corporation organized for the practice of law of which an attorney is a shareholder or employee.
(2) An attorney “takes” a deposition if the attorney:
(A) obtains the deponent’s appearance through an informal request;
(B) obtains the deponent’s appearance through formal means, including a notice of deposition or subpoena; or
(C) asks the first question in the deposition.