Rule 264.Videotape Trial
Last verified June 28, 2026
Full Text of Rule 264
Plain-English Summary
Rule 264 allows a recorded trial. By agreement of the parties, the trial court may allow all testimony and other appropriate evidence to be presented at trial by videotape, and the expenses of the recordings are taxed as costs. If a party withdraws its agreement to a videotape trial, the videotape costs that have already accrued are taxed against the withdrawing party.
Frequently Asked Questions
Can a Texas trial be conducted by videotape?
Yes, by agreement of the parties under Rule 264. The court may allow testimony and evidence by videotape, with recording costs taxed as court costs.
Who pays for a videotaped trial in Texas?
The recording expense is taxed as a court cost under Rule 264, so it follows the same rules as other litigation costs rather than falling automatically on either side.
What happens if a party backs out of a videotape trial agreement?
Rule 264 makes that party absorb the cost. If a party withdraws its agreement to a videotape trial, the videotape expenses already accrued are taxed against the party that withdrew.