Texas high court toys with AI transcripts for witness depositions

The Texas Supreme Court heard arguments over whether a litigant can submit an AI-generated deposition transcript as evidence, in a wrongful termination case where the underlying dispute isn't even in question. A Montgomery County trial court struck the transcript because it wasn't prepared by a certified shorthand reporter, even though the employer hadn't objected to the AI transcription software at the time of the deposition.

The employee's attorney argued the transcript doesn't need its own certification because the underlying video recording is already certified and can be checked against it if errors arise. The employer's attorney countered that third-party AI transcription raises security and confidentiality concerns and could drive up discovery costs across the legal system broadly.

Several justices, including Kyle Hawkins and Evan Young, pushed back on the employer's objections, noting the video serves as a built-in check and suggesting the court already has tools, like judicial discretion to demand a certified reporter, to handle accuracy concerns without blocking the technology outright. Chief Justice Jimmy Blacklock noted it would have been cheaper for either side to have simply avoided the dispute altogether.

The full dispatch is available from the source below.