33rd / 424th District Courts

What is a "witness statement?" Some statements are obvious such as someone interviews a witness and takes down a written statement that is then signed by the witness. Easy.

Take a case of a lot of correspondence between parties, documents exchanged, etc. Some of it may form the basis of the suit such as whether a contract was made. Some of it may be a "statement" made by someone who later becomes a witness, party or not. Is that a "witness statement" as contemplated by the rule? It may become admissible as a statement against interest or for impeachment as a prior inconsistent statement, but is it a "witness statement?"

The Court held not in a recent case on the following rationale. Rule 194.2(i) makes reference to Rule 192.3(h)for the definition which, being anything but clear, contains this last sentence: "Any person may obtain, upon written request, his or her own statement concerning the lawsuit, which is in the possession, custody or control of any party." (emphasis added). Thus a witness statement is one that is concerning the lawsuit but not part and parcel of the suit itself, i.e. not part of the operative facts or res gestae of the action.

Llano County, Feaster et al v. Grenwelge et al