§ 2036.050.Use of deposition to perpetuate testimony in later proceedings
Title 4. Civil Discovery Act · Chapter 20. Perpetuation of Testimony or Preservation of Information Pending Appeal · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2036.050
Plain-English Summary
This final section closes Chapter 20 the way Section 2035.060 closes Chapter 19: by confirming that a deposition taken under this chapter's procedure is not just a formality but something that can be put to use later. If a case comes back to the trial court, on remand after a reversal, for further proceedings ordered by the appellate court, or in any other later stage, a deposition taken under this chapter to perpetuate testimony while the appeal was pending can be offered in that proceeding.
The section points to the existing framework rather than inventing a new one: use of the deposition is governed by Section 2025.620, the same statute that controls how any deposition may be used at trial or in a hearing. Nothing about having been taken under this post-judgment, pending-appeal procedure changes the standard for admitting it. The value of Chapter 20 lies almost entirely in this section, since a right to take a deposition would mean little if the deposition could not later be put to use once the case resumes.
Frequently Asked Questions
Can a deposition taken under Chapter 20 be used in later proceedings after the appeal?
Yes, in any later proceeding in the case, including on remand for further proceedings in the court that entered the judgment.
What rule governs how the deposition may be used?
Section 2025.620, the same rule that governs the use of depositions generally.
Does taking a deposition under this chapter change how it can be admitted compared to an ordinary deposition?
No. It is used under the same standard that applies to any deposition under Section 2025.620.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)