Mechanism 18
Quashing a deposition notice
How do you stop a deposition that has been unilaterally noticed in Texas?
Move to quash by the third business day after service of the notice, and the deposition is automatically stayed until the motion is determined. That automatic stay is the whole mechanism — it operates without a hearing, without an order, and without the movant having to persuade anyone of anything yet.
By John P. Henry · Tex. R. Civ. P. 199.4, 192.6 · Reviewed 2026-08-02
The authority
If the motion is filed by the third business day after service of the notice of deposition, an objection to the time and place of a deposition is automatically stayed until the motion is determined.Tex. R. Civ. P. 199.4
Tex. R. Civ. P. 199.4, 192.6
When it applies
A date set without conferring, a corporate representative noticed on topics nobody has defined, an apex deposition of a principal with no unique knowledge, a deposition set to consume the week before a dispositive hearing.
How it is proved up
- Count the three business days from service of the notice, not from the date you read it. The stay is the reason to move, and it is available only inside that window.
- Say what relief you want. A motion to quash the time and place is a narrower thing than a protective order under Rule 192.6 limiting the scope or the topics; ask for the one that fits.
- Offer alternative dates in the motion. Courts grant relief far more readily to a party that is objecting to the arrangement than to a party that is objecting to being deposed.
- On a corporate representative notice, attack the topics. A designation that does not describe matters with reasonable particularity cannot be prepared for and is the strongest ground.
- Set it for hearing rather than letting the stay do the work indefinitely. A stay is not a resolution and a court will notice.
What defeats it
- Filing on the fourth business day, which loses the automatic stay entirely.
- A notice that is simply reasonable — the right witness, adequate notice, a workable place.
- A record showing the movant refused to confer on dates and is now complaining about the ones chosen.
- Apex arguments where the principal does in fact have unique or superior personal knowledge.
Where I have used it
In a defended collection matter in the Bexar County courts, a motion to quash filed in response to a notice served on the client’s corporate representative, with a signed order on the motion in the file — filed alongside the summary judgment practice in the same case rather than instead of it.
Questions
How long do you have to move to quash a deposition notice in Texas?
Three business days after service of the notice, to obtain the automatic stay under Tex. R. Civ. P. 199.4. A motion filed later may still be heard, but the deposition is not stayed in the meantime.
Does filing a motion to quash stop the deposition?
Yes, if filed by the third business day after service of the notice. An objection to the time and place is then automatically stayed until the motion is determined.
What is the difference between a motion to quash and a protective order?
A motion to quash under Rule 199.4 addresses the time and place of the deposition. A protective order under Rule 192.6 addresses the scope — the topics, the documents, the manner — and may limit or forbid the discovery itself.