Texas Legal Glossary · Personal Injury

Deposition

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: A deposition is sworn out-of-court testimony taken under Texas Rule of Civil Procedure 199, recorded by a court reporter and often on video. Each side gets up to six hours per witness, and the transcript can be used at trial to impeach or as evidence.

Also called: oral deposition, depo

What a deposition means in Texas

A deposition is testimony given under oath before trial, outside the courtroom, with no judge present. A court reporter administers the oath and transcribes every word. The lawyers for each party ask questions, the witness answers, and objections are noted on the record for a judge to rule on later if needed. Texas Rule of Civil Procedure 199 governs oral depositions; Rule 203 covers signing, correcting, and using the transcript.

Depositions are part of discovery. In an injury case the plaintiff, the defendant driver, eyewitnesses, treating doctors, and retained experts are all commonly deposed. A deposition may be taken in a lawyer’s office, at a court reporter’s suite, or by videoconference, which has become routine in Travis County cases.

How it works in practice

The deposing party serves a notice stating the time, place, and whether the deposition will be videotaped. Under Rule 199.5(c), no side may examine or cross-examine a witness for more than six hours, excluding breaks, unless the parties agree or the court orders otherwise. Objections during the deposition are limited to “Objection, leading,” “Objection, form,” and “Objection, nonresponsive”; anything more is improper coaching. A lawyer may instruct a witness not to answer only to preserve a privilege, enforce a court limit, or protect against abusive questioning.

After the deposition the witness has a chance to review the transcript and make changes under Rule 203, though changes to substance are noted and can be used against the witness. At trial, a deposition can impeach a witness whose story has shifted, and the deposition of a party or an unavailable witness can be read or played as evidence.

Why it matters in your case

Your deposition is the single most important day of the case before trial. The defense lawyer is measuring how a Travis County jury will see you: credible, exaggerating, or evasive. Prior injuries, social media posts, gaps in treatment, and inconsistencies with medical records will come up. Insurers often reassess their settlement authority immediately after the plaintiff’s deposition. Preparation is not optional, and we spend real time on it.

Example

Nina is deposed in her case against a rideshare driver who hit her in a crosswalk on Sixth Street. The defense lawyer spends three hours on her medical history and asks about a chiropractor she saw years earlier for a neck strain. Because Nina disclosed it in her interrogatory answers and explains the difference in her injuries clearly, the deposition strengthens her case and the adjuster’s offer increases the following month.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.