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Rule 207. Use of Deposition Transcripts in Court Proceedings (1988)

TEXT

1. Use of Deposition Transcripts in Same Proceeding.

a. Use of Depositions. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition taken in the same proceeding, insofar as admissible under the Rules of Civil Evidence, may be used by any person for any purpose against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof. Further, the Rules of Civil Evidence shall be applied to each question and answer as though the witness were then present and testifying. Depositions shall include the original transcripts or any certified copies thereof. Unavailability of the deponent is not a requirement for admissibility.

b. Included Within Meaning of "Same Proceeding." Substitution of parties pursuant to these rules does not affect the right to use depositions previously taken; and, when a suit has been brought in a court of the United States or of this or any other state and another suit involving the same subject matter is brought between the same parties or their representatives or successors in interest, all depositions lawfully taken in each suit may be used in the other suit(s) as if originally taken therefor.

c. Parties Joined After Deposition Taken. If one becomes a party after the deposition is taken and has an interest similar to that of any party described in (a) or (b) above, the deposition is admissible against him only if he has had a reasonable opportunity, after becoming a party, to redepose the deponent, and has failed to exercise that opportunity.

2. Use of Deposition Transcripts Taken in Different Proceeding. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition taken in a different proceeding may be used subject to the provisions and requirements of the Rules of Civil Evidence. Further, the Rules of Civil Evidence shall be applied to each question and answer as though the witness were then present and testifying.

3. Motion to Suppress. When a deposition transcript has been delivered by the deposition officer pursuant to Rule 206 and notice of delivery given at least one entire day before the day on which the case is called for trial, errors and irregularities in the notice of delivery, and errors in the manner in which the testimony is transcribed or the deposition transcript is prepared, signed, certified, sealed, endorsed, delivered or otherwise dealt with by the deposition officer under Rules 205 and 206 are waived, unless a motion to suppress the deposition transcript or some part thereof is made and notice of the written objections made in the motion is given to every other party before the trial commences.

Amended by order of July 15, 1987, eff. Jan. 1, 1988. Corrected and clarified by order of Dec. 16, 1987, eff. Jan. 1, 1988: In the July 15, 1987 Order, references to Rules of Evidence and Texas Rules of Evidence should be changed to Texas Rules of Civil Evidence.