Texas Court Reporter Practice Exam

If a witness is unavailable for a deposition, what is typically required?

1. A new date must be scheduled

2. The deposition must be canceled

3. A procedure for affixing an alternative witness must be followed

4. The case may proceed without the deposition

The correct answer is: A procedure for affixing an alternative witness must be followed

When a witness is unavailable for a deposition, it is necessary to follow a specific procedure for affixing an alternative witness. This ensures that the court has access to necessary testimony even in the absence of the original witness. In legal proceedings, it is crucial to gather testimony to build a case or defense, and alternative witnesses can often fill the gap by providing similar or corroborating information that relates to the issues at hand. Scheduling a new date is not always feasible given the urgency of court proceedings or the logistics involved, and canceling the deposition would deprive the parties of valuable testimony that might be critical to the case. The case proceeding without the deposition could weaken a party's position if the testimony was potentially pivotal. Therefore, utilizing the procedure to affix an alternative witness allows the process to continue while still aiming to capture the essence of the original testimony. This practice underlines the legal system's flexibility in ensuring that justice is effectively served, even when logistical challenges arise.