Texas Attorney General's decision on non-steno methods of taking depositions

 

Here:  https://www.oag.state.tx.us/opinions/opinions/50abbott/op/2012/htm/...

His decision does not mention whether such deposition testimony can be made a part of a trial record. 

Texas reporters and scopists, make your voices heard.  If Judge Abbott neglected the ramifications of his decision when it comes to trial transcripts, perhaps he would like to take a second look at what he's done.

My letter goes out tomorrow.  Please write yours!

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Comment by Joyce Davis on June 4, 2012 at 23:31

Authority to record depositions by non-steno means is limited to a party, an attorney representing a party, or a full-time employee of a party or attorney.  The Texas AG's opinion cross-referenced different existing rules.  Those who have a fuller grasp than I do feel confident that Judge Abbott's opinion upholds the role of the certified court reporter.  

Comment by Joyce Davis on June 4, 2012 at 23:01

Further on this subject, an existing Texas rule:  (emphasis added by me)

Texas Rules of Civil Procedure:  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.

Comment by Joyce Davis on May 22, 2012 at 9:13

Judge Woodward, who asked for the opinion, is affiliated with TCRA board.  No new rule resulted from the inquiry.  It sought to clarify what is already in place.  Hopefully, the May TCRA meeting will get clarification on the meaning of the word "record," whether it refers to a device that makes an audio or video recording or "transcription," which would be a very different thing.

 

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