§ 171.050.Depositions
Title 7. Alternate Methods of Dispute Resolution · Chapter 171. General Arbitration · Subchapter C. Arbitration · Last amended 1997 · Last verified August 29, 2026
Full Text of § 171.050
Plain-English Summary
Discovery in arbitration is limited by design, and this section marks one of its openings.
Two kinds of deposition are authorized, and they serve different purposes.
The first is evidentiary. A deposition may be taken of a witness who cannot be required by subpoena to appear before the arbitrators, or who is unable to attend the hearing.
That preserves testimony the panel would otherwise lose — a witness beyond subpoena range, or one too ill to attend.
The second is broader. A deposition of an adverse witness may be taken for discovery or evidentiary purposes.
Adverse is the limiting word. This is not general discovery of every witness; it reaches the other side.
The arbitrators control the opening. They authorize the deposition, so the scope of discovery stays with the tribunal the parties chose.
The mechanics come from court practice. A deposition under this section is taken in the manner provided by law for a deposition in a district court civil action.
Limited discovery is part of the trade. Parties choosing arbitration accept less pretrial process in exchange for speed and cost, and this section keeps the essential pieces available.
Frequently Asked Questions
Is there discovery in a Texas arbitration?
Limited. Arbitrators may authorize depositions of an unavailable witness for evidence, and of an adverse witness for discovery or evidence.
Who decides whether a deposition may be taken?
The arbitrators authorize it.
How is the deposition conducted?
In the manner provided by law for a deposition in a district court civil action.
Amendment History
- Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.