Rule 287.Disagreement as to Evidence
Last verified June 28, 2026
Full Text of Rule 287
Plain-English Summary
Rule 287 settles factual disputes within the jury room. If the jurors disagree about what a witness said, they may apply to the court and have the disputed part of the testimony read to them from the court reporter's notes. If there is no reporter, or the notes cannot be read, the court may recall the witness to repeat the testimony on the point in dispute, and no other, as nearly as possible in the original words. If the jury disagrees about a deposition or other paper not allowed into the jury room, that portion may likewise be read to them.
Frequently Asked Questions
Can a Texas jury have testimony read back during deliberations?
Yes, on a disputed point. Rule 287 lets the disputed part of a witness's testimony be read back from the reporter's notes, or the witness recalled to repeat it, when the jurors disagree about what was said.
What happens if there is no court reporter to read back testimony in a Texas trial?
The court may recall the witness. Rule 287 lets the judge have the witness repeat the testimony on the disputed point, and no other, as nearly as possible in the original words, when there is no reporter or the notes cannot be read.
Can a Texas jury have a deposition re-read during deliberations?
Yes, if they disagree about it. Rule 287 lets the court permit the disputed portion of a deposition or other paper not taken into the jury room to be read to the jury again.