¶1ON REHEARING
¶2On rehearing, counsel for appel-lee now urges this Court to consider, as a part of the proof to be considered in deciding whether the Court reached erroneous conclusion in its gatekeeper hearing, a deposition of Dr. Neeley that was taken after the trial in this case was complete. The deposition was taken by the appellant not only after the conclusion of the gatekeeper hearing, but also after the trial itself. The appellant has delivered the deposition to this Court in the form of a part of the reporter’s record, although it was not presented to the trial court and was not taken before the court. In his original brief, appellee took the position that the deposition was not properly before this Court as a part of the appellate record because it is not a bill of exceptions as appellant contended. In an evidentiary context, a bill of exceptions exists when a trial court refuses to admit evidence and counsel then provides that evidence for appellate review. See Tex.R.App. P. 33.2. When providing a bill of exceptions, further, the evidence must have been presented to the trial court at trial or no error is shown. See Clone Component Dist. of Am., Inc. v. State, 819 S.W.2d 593, 596 (Tex.App.-Dallas 1991, no pet.); 6 McDonald & CaRlson, Texas Civil Practice § 17:4 (2d ed.1998).
¶3In this case, the trial court did not refuse to admit the deposition into evidence. Thus, there was no ruling from which to appeal. Indeed, he could not have done so because it did not exist either at the time of the gatekeeper hearing or at the time of the trial. Thus, the court could not have considered it. The deposition is not a proper bill of exceptions and is not a proper part of the appellate record in this case.