Texas Motion For Protective Order and To Postpone Deposition
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FAQ
1Preparation. The most important thing when defending a deposition is to have a well-prepared witness.2Practice Aikido.3Anticipate Objections.4Transcript Awareness!5Protect Your Witness.
Prepare before the deposition: Review any relevant discovery information already provided. Keep responses short, precise, and truthful: The witness should avoid rambling and being over-inclusive in responses. Think before responding: It is a good idea to pause and think before responding.
Every case filed in Texas state court requires the plaintiff to choose a discovery plan: Level One, which applies only for cases where the plaintiff seeks less than $100,000 in damages; Level Two, which applies by default to all other cases and has its own specific set of deadlines; and Level Three, which allows the
If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences.
In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source). However, there are certain types of questions that do not have to be answered.
In your deposition by, for example, saying they happen never or always. Qualifying your answers with words like usually, generally, typically, it depends, and not necessarily can help you avoid exaggerating with unwarranted absolutes. You must also answer completely. A half-truth is insufficient.
Pursuant to Rule CR 26, a court may issue a protective order for a deponent to prevent the deposition or discovery process from occurring.In some cases, the court may order that the deposition occur under certain terms and conditions, or may make other specifications instead of ordering the deposition not occur.
While you may be required to attend a deposition, there are also limitations on where they can occur. Under the Federal Rules of Civil Procedure deponents must be given appropriate notice of the time and place of a deposition.
