TX CSR WKT - Rules of Civil Procedures 176 & 199 Exam Questions And Answers

Every subpoena must be issued in the name of "The State of Texas" and must identify the party at whose instance the subpoena is issued, and the party's ____, if any. - ANS attorney of record Every subpoena must be signed by the person ____ the subpoena. - ANS issuing This will command the person to whom it is directed to do either or both of the following: attend and give testimony at a deposition, hearing, or trial; produce and permit inspection and copying of designated documents or tangible things in the possession of that person. - ANS subpoena A subpoena may be issued by the ____ of the appropriate district, county, or justice court. - ANS Clerk A subpoena may be issued by an ____ authorized to practice in the State of Texas, as an officer of the court. - ANS attorney A subpoena may be issued by an officer authorized to take ____ in this state. - ANS depositions A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or ____ who is not a party and is 18 years of age or older. - ANS any person A person served with a subpoena must comply with the ____ stated therein unless discharged by the court or by the party summoning such witness. - ANS command A person commanded to produce documents or tangible things need not appear ___ at the time in place of production unless the person is also commanded to attend and give testimony. - ANS in person A party causing a subpoena to issue must take reasonable steps to avoid imposing ___ on the person served. - ANS undue burden or expense Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a ____. - ANS contempt of the court Any person deemed a contempt of the court may be punished by ____. - ANS fine or confinement, or both A party may take the testimony of any person or entity by deposition ____ before any officer authorized by law to take depositions. - ANS on oral examination A party may take an oral deposition by ____ or other remote electronic means if the party gives a reasonable prior written notice of intent to do so - ANS telephone And oral deposition taken by telephone or other remote electronic means is considered as having been taken ___ and at the place where the witness is located when answering the questions - ANS in the district Any party may cause a deposition upon oral examination to be recorded by ____, including video tape recording. - ANS other than stenographic means The party requesting the non-stenographic recording will be responsible for obtaining a person authorized by law to ____ and for assuring that the recording will be intelligible, accurate, and trustworthy. - ANS administer the oath At least ____ days prior to the deposition, the party must serve on the witness and all parties a notice that the deposition will be recorded by other than stenographic means. - ANS 5 A ____ to take an oral deposition must be served on the witness and all parties a reasonable time before the deposition is taken - ANS notice of intent An oral deposition may be taken outside the discovery period Only by ____ or with leave of court. - ANS agreement of the parties The deposition notice must state the name of the ____. - ANS witness The deposition notice must state a reasonable ____ for the oral deposition. - ANS time and place The deposition notice must state whether the deposition is to be taken by telephone or other remote electronic means and ___ the means. - ANS identify A notice must include a request that the witness produce at the deposition documents or tangible things within the scope of discovery and within the witnesses ___. - ANS possession, custody, or control A party may ____ the witness to attend the oral deposition by serving the witness with a subpoena. - ANS compel A party or witness may object to the time and place designated for an oral deposition by motion for protective order or buy motion to ___ the notice of deposition. - ANS quash The witness must remain in ___ from day to day until the deposition is begun and completed. - ANS attendance A party may attend an oral deposition in person, even if the deposition is ____ or other remote electronic means. - ANS taken by telephone If any party intends to have other attendees in attendance, that party must give ____ to all parties of the identity of the other persons. - ANS reasonable notice Each person whose deposition is taken by oral examination must first be placed ___. - ANS under oath Any party, in lieu of participating in the examination, may serve ____ in a sealed envelope on the party noticing the oral deposition. - ANS written questions Written questions are propounded to the witness by the ___. - ANS deposition officer During a deposition, no side may examine or cross examine an individual witness for more than ___ hours. - ANS 6 ____ during depositions do not count against the time limitation for examination or cross examination. - ANS breaks An oral deposition must be conducted in the same manner as if the testimony were being obtained ____. - ANS in court during trial Private conferences between the witness and the witness's attorney during the actual taking of the deposition are improper except for the purpose of determining whether a ___ should be asserted. - ANS privilege