Sec. 52.059. CHARGES FOR DEPOSITIONS. (a) Except as provided by Subsection (c), an attorney who takes a deposition and the attorney's firm are jointly and severally liable for a shorthand reporter's charges for:
(1) the shorthand reporting of the deposition;
(2) transcribing the deposition; and
(3) each copy of the deposition transcript requested by the attorney.
(b) Except as provided by Subsection (c), an attorney who appears at a deposition and the attorney's firm are jointly and severally liable for a shorthand reporter's charges for each copy of the deposition transcript requested by the attorney.
(c) Prior to the taking of any deposition, a determination of the person who will pay for the deposition costs will be made on the record, if an attorney is unwilling to be bound by the provisions of Subsection (a) or (b).
(d) In this section:
(1) "Firm" means:
(A) a partnership organized for the practice of law in which an attorney is a partner or with which an attorney is associated; or
(B) a professional corporation organized for the practice of law of which an attorney is a shareholder or employee.
(2) An attorney "takes" a deposition if the attorney:
(A) obtains the deponent's appearance through an informal request;
(B) obtains the deponent's appearance through formal means, including a notice of deposition or subpoena; or
(C) asks the first question in the deposition.
Added by Acts 1991, 72nd Leg., ch. 454, Sec. 1, eff. Sept. 1, 1991.
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