Written Deposition Example

• Category: Texas Court Samples - Fraud - Automobiles Sales - Sample Case 1
• State: Texas
• Control #: TX-G0273
• Format: PDF

Description Examples Of Deposition

A34 Notice of Deposition Upon Written Questions

Texas Motion to Quash Deposition on Written Questions is a legal action taken by a party in a lawsuit to prevent or nullify the deposition process. Keywords that can be associated with this topic include Texas, motion to quash, deposition, written questions, legal action, lawsuit, nullify. In Texas, the rules of civil procedure allow parties in a lawsuit to take depositions to gather information, sworn testimony, or evidence from witnesses or parties involved in the case. However, there may be circumstances where a party feels that the deposition on written questions is improper, burdensome, or irrelevant. In such cases, the party can file a motion to quash the deposition on written questions. The Texas Rules of Civil Procedure specifically address motions to quash depositions on written questions in Rule 200.2. This rule allows a party served with written questions to file a motion to quash within 20 days after being served. The motion to quash must clearly state the grounds, such as: 1. Privilege: If the information sought in the written questions is protected by attorney-client privilege, work product privilege, or any other legally recognized privilege, the party can request to quash the deposition. 2. Relevance: If the written questions are irrelevant to the case, not reasonably calculated to lead to the discovery of admissible evidence, or constitute harassment or oppression, the party can argue that the deposition should be quashed. 3. Undue Burden or Expense: If the deposition on written questions places an undue burden or expense on the responding party, they can file a motion to quash. This could include situations where responding to the questions would require significant time, resources, or disruption to the party's normal business operations. However, it is important to note that the court may still require the responding party to answer certain questions or provide limited responses, even if a motion to quash is granted. The court will consider the specific circumstances of each case and balance the need for discovery against any potential undue burden or prejudice to the responding party. In addition to the general motion to quash deposition on written questions, there may be specific types of motions which can be filed based on the unique circumstances of the case. These may include: 1. Motion to Quash Improper Service: If the written questions were not properly served according to the rules of civil procedure, the responding party can file a motion to quash based on improper service. 2. Protective Order: Instead of filing a motion to quash, a party can request a protective order to limit the scope or timing of the written questions. This can be useful when a party seeks to narrow down or delay the deposition while still complying with discovery requirements. 3. Motion to Quash on Grounds of Confidentiality: If the written questions seek highly sensitive or confidential information, the responding party can file a motion to quash on grounds of protecting trade secrets, proprietary information, or personal privacy. In conclusion, a Texas Motion to Quash Deposition on Written Questions is a legal remedy available for parties to avoid or limit the impact of burdensome or irrelevant written questions during the deposition process. Parties must comply with the rules of civil procedure and provide valid grounds, such as privilege, relevance, or undue burden, to support their motion.