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Yes, in almost every contested case. A deposition is sworn testimony taken before trial, in a conference room rather than a courtroom, with a court reporter recording every word and usually a camera running. There is no judge present. The lawyers for the defendants ask the questions, and your own lawyer is beside you.
Most of what survivors fear about this is either not true or is arrangeable in advance. Most of what actually goes wrong is not arrangeable on the day.
The defendant does not have to be in the room in every case. Whether the individual attends, and where anyone sits, is something that can be raised with the court beforehand. It is a much harder conversation to have an hour before it starts.
It is not a cross-examination in front of a jury. No one is performing. The purpose is to find out what you will say.
Breaks are permitted. You may ask for one at any time, for any reason, and you do not have to explain why.
You are sworn in. A lawyer asks questions and you answer, out loud, one at a time, while a court reporter takes down everything said. Your lawyer may object, and in a deposition most objections are stated for the record and you still answer, unless the objection concerns a privilege.
Sessions are typically several hours and can run a full day. There is a lunch break and there are breaks in between. The transcript arrives weeks later and you are given a chance to review it.
Nothing is decided that day. No one wins or loses a deposition. It is information gathering, and its purpose from the defense side is to learn what you will say at trial and to lock it in.
The subjects are broader than people expect, and there is one Texas-specific point survivors are entitled to know before the day rather than during it.
Texas has no rape shield rule for civil cases. Rule 412 of the Texas Rules of Evidence applies to criminal prosecutions. Federal Rule of Evidence 412 does reach civil cases. In Texas state court the limits come from relevance, from Rule 403 and from protective orders rather than from a categorical rule. We explain that in full on a separate page, because it should not be discovered in a conference room.
Your medical and mental health treatment, to the extent the privileges have been opened. The scope of that is discussed on our page about therapy records, and it turns on decisions made in the case rather than on the mere fact that you sued.
Your account of the incident, in detail, more than once, from different directions. Inconsistency is what the questioning is designed to produce, and ordinary human memory produces it whether or not anything is wrong.
What you have said elsewhere. Statements to police, to a SANE nurse, to friends, on social media.
Your background. Work, education, prior claims, prior injuries.
Conversations with your own lawyer. Never a proper subject.
Communications with a rape crisis advocate. Section 420.071 of the Government Code makes communications and records between an advocate and a survivor confidential and gives the survivor a privilege, in any civil, criminal, administrative or legislative proceeding, to refuse to disclose and to prevent another from disclosing them.
Mental health records, to the extent the privilege stands. Texas Rule of Evidence 510 protects them subject to the exception where a party relies on the condition as a part of a claim or defense.
Answer the question asked, then stop. Silence after your answer is a technique. It is not your job to fill it.
Say you do not know, or do not remember, when that is true. Guessing produces the inconsistency the questioner is looking for. A survivor who does not remember the sequence of events during an assault is describing trauma accurately, not testifying badly.
If you do not understand the question, say so. A compound or confusing question answered anyway becomes a quotation later.
These are the things worth raising with your lawyer weeks before, not the morning of.
Most of this is negotiated between counsel without a court ever ruling. When it is not, a motion for protection is available, and it is far stronger filed in advance than argued at the table.
Every statute and case linked above was read at its primary source. Texas statutes change every legislative session and case law is constantly changing.
This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney-client relationship.
Ask to see the room first. Walking into a space you have already seen removes a surprising amount of the dread. Any competent lawyer will arrange it.
Tell your lawyer the hardest fact before the defense finds it. A difficult fact prepared for is a defense theme. The same fact heard for the first time at the table is the worst hour of the case.
Prepare, do not rehearse. The goal is not a script. It is that nothing asked is the first time you have thought about it.
The first conversation is free, it is confidential, and it does not commit you to anything.
If the deposition is the reason you have not called anyone, ask about it directly on the first call. It is a fair question and it deserves a specific answer about your case rather than reassurance.
Not every case reaches a deposition. Many resolve before one is taken. But you should decide whether to pursue a claim knowing what it may involve, not on an assumption that it will not.
If you are an advocate, a SANE nurse or a counselor asking on someone’s behalf, you are welcome to call with a general question.
There is no charge to talk, and no attorney’s fee unless there is a recovery.
Call 713-521-0059.
Not necessarily. Whether an individual defendant attends, and where people sit, can be raised with opposing counsel and with the court in advance. It is much harder to address on the day.
No. It is sworn testimony taken in a conference room with a court reporter and usually a camera, with no judge and no jury. Nothing is decided that day. Its purpose is to learn and to lock in what you will say.
In Texas state court there is no civil rape shield rule. Rule 412 of the Texas Rules of Evidence applies to criminal cases. The limits come from relevance, Rule 403 and protective orders. Federal Rule 412 does apply in federal civil cases.
Communications with your own lawyer, and communications and records between you and a rape crisis advocate under Section 420.071 of the Government Code, which gives the survivor a privilege to refuse and to prevent disclosure in any proceeding. Mental health records are protected by Rule 510 subject to its exceptions.
Yes. You may ask for a break at any time, for any reason, and you do not have to explain why.
Guessing. Saying you do not know or do not remember, when that is true, is a complete and accurate answer. Not remembering the sequence of events during an assault is a description of trauma, not a weakness in your testimony.
