Form 5-73

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion to Require Transcription of Deposition Recording

This Motion to Require Transcription of Deposition Recording is brought by [name of movant], [party designation], who shows in support:

1.[Name of responding party] intends to use a nonstenographic recording of the oral deposition testimony of [name of witness] in this suit. The deposition by oral examination of [name of witness] is scheduled to be taken in [this cause/[state other cause number and style of suit in which deposition is to be taken]] on [date] at [time]. [Name of responding party] intends to record this deposition by [videotape recording/audiotape recording/[describe other electronic means]]. [Name of responding party] does not intend to have the deposition record­ing stenographically transcribed.

1.[Name of responding party] intends to use a nonstenographic recording of the oral deposition testimony of [name of witness] in this suit. The deposition by oral examination of [name of witness] was taken in [this cause/[state other cause number and style of suit in which deposition was taken]] on [date] at [time]. This deposition was recorded by [videotape/audiotape/[describe other electronic means]] and [none/only a portion] of the testimony has been stenographically transcribed.

2.[Name of movant] requests that the Court order [name of responding party] to obtain a complete transcript of the deposition recording from a certified court reporter before [name of responding party] may use the nonstenographic record in a proceeding in this matter. [Name of movant] requests that the Court require that the court reporter’s transcription be made from the original or a certified copy of the deposition recording. [Name of movant] requests that the Court require that the court reporter transcribing the deposition recording deliver the original transcript to [name of movant] and that the court reporter’s certificate include a statement that the transcript is a true record of the nonstenographic recording.

3.The Court should order this transcription of the deposition recording for the fol­lowing reason[s]: [state good cause why the court should order the transcription].

The Court should order [name of responding party] to pay the cost of the court reporter’s transcription for the following reason[s]: [explain unavailability of funds, disparity of funds available to each party, expense involved, necessity of evidence, and other such cir­cumstances showing why the responding party should pay for the transcription].

[Name of movant] prays that the Court order [name of responding party] to obtain the court reporter’s transcription of the deposition recording of [name of witness] as requested [include if applicable: and order [name of responding party] to pay the costs associated with this transcription].

   
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Certificate of Conference

I certify that a reasonable effort has been made to resolve the discovery dispute without the necessity of court intervention and has failed.

   
[Name]
Attorney for [name of movant]

Notice of Hearing

The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].

SIGNED on ________________________________.

   
Judge or Clerk

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for [name of movant]