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Rule 200.2. Compelling Witness to Attend (1999)


A party may compel the witness to attend the deposition on written questions by serving the witness with a subpoena under Rule 176. If the witness is a party or is retained by, employed by, or otherwise subject to the control of a party, however, service of the deposition notice upon the party's attorney has the same effect as a subpoena served on the witness.

Amended by order of Nov. 9, 1998, eff. Jan. 1, 1999.

Prior Amendments Future Amendments
Aug. 4, 1998, eff. Jan. 1, 1999  

Notes and Comments

Comments to 1999 change:

1. The procedures for asserting objections during oral depositions under Rule 199 .5( e) do not apply to depositions on written questions.

2. Section 20.001 of the Civil Practice and Remedies Code provides that a deposition on written questions of a witness who is alleged to reside or to be in this state may be taken by a clerk of a district court, a judge or clerk of a county court, or a notary public of this state.