Tex. Code Crim. Proc. art. 39.02 · Chapter 39. DEPOSITIONS AND DISCOVERY
WITNESS DEPOSITIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Depositions of witnesses may be taken by either the state or the defendant. When a party desires to take the deposition of a witness, the party shall file with the clerk of the court in which the case is pending an affidavit stating the facts necessary to constitute a good reason for taking the witness's deposition and an application to take the deposition. On the filing of the affidavit and application, and after notice to the opposing party, the court shall hear the application and determine if good reason exists for taking the deposition. The court shall base its determination and shall grant or deny the application on the facts made known at the hearing. This provision is limited to the purposes stated in Article 39.01.
Notes and commentary — not statutory text
History
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1741, ch. 659, Sec. 24, eff. Aug. 28, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 1021 (H.B. 975), Sec. 1, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.39.htm
- Text hash
- sha256 f5602a52f83ee4195e56c00e4a81002fbcbda3dfc2fb49874ad5862a0c71d884
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Cited by 3 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 39.02. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 39.025DEPOSITIONS OF ELDERLY OR DISABLED PERSONS.Printed as Article 39.02
- Tex. Code Crim. Proc. art. 39.026DEPOSITIONS OF MEDICAID OR MEDICARE RECIPIENTS OR CAREGIVERS.Printed as Article 39.02
- Tex. Code Crim. Proc. art. 39.12PREDICATE TO READ OR PUBLISH DEPOSITION.Printed as Article 39.02, 39.025, or 39.026
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.