§ 215.5. Failure of Party or Witness to Attend or to Serve Subpoena; Expenses

Codes > Texas Rules of Civil Procedure > Part II > Section 9 : B. Discovery > Rule 215. : 215.5. Failure

215.5. Failure of Party or Witness to Attend or to Serve Subpoena; Expenses

(a) Failure of Party Giving Notice to Attend. If the party giving the notice of the taking of an oral deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay such other party the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney fees.

(b) Failure of Witness to Attend. If a party gives notice of the taking of an oral deposition of a witness and the witness does not attend because of the fault of the party giving the notice, if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay such other party the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney fees.