Texas District Courts Must Impose COVID Safety Protocols At In-Person Depositions

On September 15, 2020, a Texas appellate court issued its opinion in In re Landstar Ranger, Inc. (available here). The Sixth Appellate District mandamused the district court and held that, if a district court will require an in-person deposition, it must impose COVID safety protocols that participants must follow. “[W]e find that the Trial Court failed to define sufficient safety procedures necessary for the parties to conduct the in-person depositions . . . . Other than mentioning that the individuals present at live depositions should wear masks when they were not speaking, the Trial Court failed to adopt safety procedures for those depositions, such as social distancing, maximum group size, and other restrictions and precautions necessary to comply with the Supreme Court’s emergency orders.”