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The Practitioner’s Guide to Properly Taking and Defending ...
9 WISE, (DO NOT DELETE) 8/1/16 11:47 AM The Practitioner s Guide to Properly Taking and Defending Depositions Under the Texas discovery Rules Robert K. Wise* and Kennon L. Wooten** I. Depositions in General ..402 A. Who Can Be Deposed ..405 1. In General ..405 2. Attorneys ..406 3. Lack of Knowledge ..410 4. Apex Depositions ..412 5. Depositions of Organizations ( , Representative Depositions) ..416 a. The Representative Deposition Notice ..419 i. The Organization Is Not Required to Produce a Specific Individual as Its Representative or an Individual With the Most Knowledge About the Notice s Subject Matters or Even One With Personal Knowledge About Them ..420 ii. Reasonable Particularity ..424 iii.
discovery device, depositions allow the questioning of witnesses before trial by oral questions asked by a party’s attorney1 or by written questions asked by a deposition officer (i.e., the person recording the deposition, usually a court reporter).2 1See TEX. R. CIV P.199; cf.In reAmezaga, 195 B.R. 221, 227 (Bankr. D.P.R. 1996) (“A
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