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Texas Supreme Court Considers Permitting AI-Generated Transcripts for Witness Depositions

Layla Zulfa
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By Amanda Robert
October 7, 2026

The Texas Supreme Court is currently weighing a pivotal legal question that could reshape how modern technology intersects with courtroom evidence: whether to allow artificial intelligence-generated transcripts for witness depositions.

On Tuesday, the state’s high court heard oral arguments in a contentious wrongful termination case that has unexpectedly brought the boundaries of legal technology to the forefront of judicial scrutiny. The underlying lawsuit involves a plaintiff who argues that he should be permitted to submit an AI-generated transcript as legitimate evidence. Specifically, the transcript documents a deposition he conducted of his former employer’s corporate representative.

The legal journey of this disputed document began in April 2025, when the trial court took the decisive step of striking the transcript from the official record. The primary basis for the trial court’s rejection was that the document had not been prepared by a certified shorthand reporter—the traditional standard upheld across many jurisdictions for decades. Following that ruling, the plaintiff appealed the decision, leading to a review by the Texas Court of Appeals for the Ninth District. The appellate court ultimately affirmed the trial court’s decision, explicitly noting that the use of an uncertified, AI-generated transcript remained the central point of contention.

However, the legal landscape surrounding artificial intelligence in the courtroom shifted noticeably during Tuesday’s proceedings before the state’s highest court. The justices of the Texas Supreme Court appeared open and even inclined toward permitting AI-generated transcripts, pointing out that modern procedural safeguards, such as verified video recordings of depositions, can serve as a reliable safety net to ensure overall accuracy.

During the arguments, the practical realities of modern litigation and technological redundancy were highlighted by the bench. Texas Supreme Court Justice Kyle Hawkins addressed the core concern of transcription errors head-on, suggesting that the existence of underlying video evidence largely mitigates the risks associated with automated transcription tools.

“If they submit the AI transcript, you have the chance to say, ‘That’s wrong, there’s an error in the transcript, and we’ve got the video and we can just watch that,’” Justice Hawkins reportedly said during the hearing. “I don’t see what the issue is.”

This perspective captures a growing debate within the legal community regarding the balance between traditional procedural requirements and the rapid evolution of artificial intelligence tools. For generations, certified court reporters and shorthand writers have held the exclusive domain over the creation of official deposition records, ensuring word-for-word precision through rigorous training, certification standards, and strict adherence to court rules. These professional standards were established to protect the integrity of the evidentiary record, guarding against misinterpretations, audio mishearings, or ambiguous terminology that could alter the legal meaning of a witness’s testimony.

On the other hand, proponents of legal technology argue that contemporary AI transcription tools have advanced significantly in speed, accessibility, and cost-efficiency. In many civil litigation scenarios, the high cost of retaining certified court reporters for every preliminary deposition, motion hearing, or pre-trial proceeding can place a substantial financial burden on litigants, particularly individual plaintiffs or smaller businesses involved in employment disputes against well-resourced corporate entities. Allowing the use of AI-generated transcripts, especially when paired with an official audio or video recording, could potentially streamline the litigation process and reduce expenses for parties navigating the civil justice system.

The case before the Texas Supreme Court places the state at the bleeding edge of a national conversation about how state judiciaries should adapt to technological advancements that outpace existing rules of civil procedure. While rules governing court reporting were written long before generative artificial intelligence and automated speech-to-text models became widely accessible, courts are increasingly forced to interpret whether rigid adherence to legacy requirements serves justice or merely creates unnecessary barriers.

As the justices deliberate following Tuesday’s arguments, legal observers across Texas and the broader United States are closely monitoring the potential outcome. A ruling in favor of the plaintiff could set a groundbreaking precedent within the state, signaling to trial courts, attorneys, and litigants that technological alternatives to traditional court reporting may be acceptable under Texas law, provided that adequate mechanisms—such as underlying video recordings—exist to verify and challenge potential transcription discrepancies. Conversely, a decision upholding the lower courts’ rulings would reaffirm the traditional gatekeeping role of certified shorthand reporters, maintaining strict procedural requirements until state lawmakers or rule-making bodies formally enact updates to accommodate artificial intelligence.

The Texas Supreme Court is expected to issue its opinion in the case at a later date, which will provide definitive guidance on the admissibility of AI-generated deposition transcripts and offer a clearer picture of how Texas courts will navigate the integration of emerging technologies into courtroom practice.

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