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Rule 206. Certification by Officer; Exhibits; Copies; Notice of Delivery (1988)

TEXT

1. Certification. The officer shall attach as part of the deposition transcript a certificate duly sworn by such officer which shall state the following:

(i) that the witness was duly sworn by the officer;

(ii) that the transcript is a true record of the testimony given by the witness;

(iii) the amount of charges for the officer's preparation of the completed deposition transcript and any copies of exhibits;

(iv) that the deposition transcript was submitted on a specified date to the witness or to the attorney of record for a party who was the witness for examination, signature and return to the officer by a specified date;

(v) that changes, if any made by the witness, in the transcript and otherwise are attached thereto or incorpo­rated therein;

(vi) that the witness returned or did not return the transcript;

(vii) that the original deposition transcript, or a copy thereof in event the original was not returned to the officer, together with copies of all exhibits, was delivered or mailed in a postpaid properly addressed wrapper, certified with return receipt requested, to the attorney or party who asked the first question appearing in the transcript for safekeeping and use at trial;

(viii) that a copy of the certificate was served on all parties pursuant to Tex. R. Civ. P. 21a.

The officer shall file with the court in which the cause is pending a copy of said certificate, and the clerk of the court where such certification is filed shall tax as costs the charges for preparing the original deposition transcript and making and attaching copies of all exhibits to the original deposition.

2. Delivery. Unless otherwise requested or agreed to by the parties on the record in the deposition transcript, the officer, after certification, shall securely seal the original deposition transcript, or a copy thereof in the event the original is not returned to the officer, and copies of all exhibits in a wrapper endorsed with the title of the action and marked "Deposition of (here insert name of witness)" and shall thereafter deliver, or mail in a postpaid, properly addressed wrapper, certified with return receipt requested, such deposition transcript and copies of all exhibits to the attorney or party who asked the first question appearing in the transcript, and shall give notice of delivery to all parties. The custodial attorney shall, upon reasonable request, make the original deposition transcript available for inspection or photocopying by any other party to the suit.

3. Exhibits. Original documents and things produced for inspection during the examination of the witness shall, upon the request of a party, be marked for identification and annexed to the deposition transcript and may be inspected and copied by any party, except that the person producing the materials may (a) offer copies to be marked for identification and annexed to the deposition transcript and to serve thereafter as originals if he affords to all parties fair opportunity at the deposition to verify the copies by comparison with the originals, or (b) offer the originals to be marked for identification, in which event the materials may then be used in the same manner as if annexed to the deposition transcript. In the event that original exhibits rather than copies are marked for identification, the deposition officer shall make copies of all original exhibits to be annexed to the original deposition transcript for delivery, and shall thereafter return the originals of the exhibits to the witness or party producing them, and such witness or party shall thereafter maintain and preserve the original exhibits and shall produce any such original exhibits for hearing or trial upon seven (7) days notice from any party. Copies annexed to the original deposition transcript may be used for all purposes.

4. Nothing in this Rule shall preclude the parties from agreeing to any procedure at variance with the provisions of this Rule or Rule 205; provided, however that any such agreement between the parties shall be set forth on the record in the text of the deposition transcript, set forth in a separate exhibit to the transcript and signed by all parties, or approved by prior written order of the court.

5. Copies. Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition transcript to any party or to the deponent.

6. Notice of Delivery. The deposition officer shall give notice to all parties of delivery of the deposition transcript and copies of exhibits. It shall be sufficient notice of delivery for the officer to serve on each party a copy of the officer's certification described in paragraph 1 herein pursuant to Tex. R. Civ. P. 21a.

Amended by order of July 15, 1987, eff. Jan. 1, 1988.