Texas Supreme Court weighs AI‑generated deposition transcripts in wrongful‑termination case

The Texas Supreme Court heard oral arguments on Oct. 6, 2026 about whether a party may submit an AI‑generated transcript of a deposition as evidence. The dispute stems from a wrongful‑termination lawsuit filed by a Montgomery County employee against his former employer.

The employee’s trial court struck the AI transcript in April 2025 because it was not prepared by a certified shorthand reporter. The Ninth District Court of Appeals upheld that decision, saying the issue was the lack of certification, not the transcript’s content.

Justices split on certification and cost

Chief Justice Jimmy Blacklock suggested the parties could have simply paid a certified reporter, questioning why the case was before the high court. Justice Jane Bland pressed the employee’s lawyer, Bradley Snead, on the reliability of the AI transcript, noting the need for a human to attest to its accuracy.

Snead argued the video recording of the deposition is certified, so a written transcript need not be. He acknowledged AI hallucinations are a concern in other contexts but not here.

Employer worries about security and discovery costs

Stephanie L. Bryant, representing the employer, warned that third‑party AI transcription platforms raise security and confidentiality issues and could increase litigation costs. She argued current Texas procedural rules would not allow such transcripts.

Justice J. Brett Busby asked whether proportionality rules would address cost concerns, while Justice Kyle Hawkins described the AI tool as “efficient, cost‑effective.” Justice Evan Young noted the video record provides a fallback for verification but emphasized that accuracy remains the goal.

What this means for everyday people

For workers, tenants or small‑business owners involved in depositions, the case highlights that AI‑generated transcripts are not automatically accepted. If you rely on AI tools, be prepared for a court to require a certified reporter or to scrutinize the AI service’s security.

There is no deadline mentioned in the arguments, but parties should keep original video recordings and consider retaining a certified shorthand reporter to avoid disputes.

When to consult an attorney

If you are involved in a deposition or other discovery process and are considering using AI transcription, talk to a lawyer early. An attorney can help you assess the risks, ensure compliance with Texas rules and protect confidential information.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 6, 2026.