§ 2028.020.Notice requirements
Title 4. Civil Discovery Act · Chapter 11. Deposition by Written Questions · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2028.020
Plain-English Summary
Noticing a written deposition starts with the same basic requirements as noticing an oral one. The notice has to comply with the general notice-content rules and the organizational-deponent notice rules that already govern oral depositions, plus the requirement that any subpoena accompanying the notice be handled properly.
Two features set a written-deposition notice apart. It has to identify the deposition officer, by name or descriptive title, and give that officer's address, information an oral-deposition notice doesn't need in the same way. And because a written deposition doesn't require coordinating everyone's calendars for a single live session, the notice can leave the date, time, and place of the deposition to be worked out later by the deposition officer, rather than fixing them up front.
Frequently Asked Questions
What must a written-deposition notice include that an oral-deposition notice doesn't?
The name or descriptive title and the address of the deposition officer who will conduct the written deposition.
Does a written-deposition notice have to fix the exact date, time, and place in advance?
No. Section 2028.020 lets those details be left to the deposition officer's future determination.
Which general notice rules still apply to a written deposition?
The standard deposition notice content requirements and the organizational-deponent notice rules, along with the general rule on accompanying subpoenas.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)