Understanding Deposition Questions: What Attorneys Can and Cannot Ask in Texas

Introduction to Depositions in Texas

Depositions are an integral component of the pre-trial discovery process in Texas legal proceedings. During a deposition, a witness or party is asked a series of questions under oath, with the intent of gathering information for litigation. Understanding what questions attorneys can ask can help individuals prepare for their deposition and navigate this critical phase of a legal case.

Questions Attorneys Are Allowed to Ask

In a Texas deposition, attorneys have the right to ask a wide range of questions related to the case at hand. This usually includes inquiries about:

• Your background, including your work history and level of education

• Any arrest and or tickets you have had. Arrest may be limited to the past 10 years.

• Details about how the accident happened (time, speed, distance, direction of travel, which way were you looking, etc.)

• Any and all other accidents you have had

• Any lawsuits you were involved in as a Plaintiff or Defendant

• Physical and emotional injuries you’ve suffered

• Pre-existing conditions and past medical treatment

• The severity and frequency of your symptoms

• The treatment you’ve received and whether it helped

• The names of your doctors and medical providers

• The extent of your limitations and work restrictions

• How your life has changed since the accident

• Medical bills and lost income

Before your deposition, you should review your accident reports, medical records, notes, diaries, and other evidence that might refresh your memory.

It’s important to remember that, in many cases, the defense attorneys already have access to most, if not all, of this information. But they are going to ask you about it anyway. They want to assess whether you are credible, and if they can catch you saying something untrue (even if it’s an innocent mistake) or get you to open up about information that they don’t already have access to you, they may be able to use it against you.

Questions Attorneys Are Not Allowed to Ask

While attorneys have significant latitude in formulating questions, there are certain restrictions in place to protect the rights and privacy of the deponent. In Texas, attorneys cannot ask questions that are:

• Irrelevant to the case or issues at hand.

• Intended to harass or embarrass the deponent.

• Protected by attorney-client privilege. Any conversations you have had with your attorney.

• Obtained through a violation of the deponent’s constitutional rights.

• Confidential communications, such as those concerning mental health treatment.

If an attorney poses an inappropriate question during a deposition, the opposing party can object, and the witness or deponent may refuse to answer until the matter is resolved, often through a judge’s ruling.

Preparation is Key

Preparing for a deposition in Texas requires an understanding of the types of questions that may arise. Being aware of both the permissible and impermissible questions is essential for the deponent’s guidance. Practicing responses to possible questions related to facts of the case, while also understanding what will not be allowed, can alleviate some anxiety and contribute to a more effective deposition process.

In conclusion, knowing what questions to expect and how to appropriately respond can significantly affect the outcome of a deposition in Texas. Familiarizing oneself with the process and the rules governing deposition questions not only aids in preparation but also supports the pursuit of a fair legal process.