Texas Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice

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US-02707BG
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Description

The Federal Rules of Civil Procedure have been adopted by most states in one form or another. Rule 26 provides in part:



(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted.

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FAQ

Review the subpoena: carefully review the subpoena and identify the reasons why you believe it is invalid. For example, the subpoena may be overly broad, it may seek information that is not relevant to the case, or it may not comply with the legal requirements for subpoenas in Texas.

Texas Rules of Civil Procedure Rule 500.8 addresses what must be included in a subpoena if your case is in a justice of the peace court. At minimum, the subpoena is required to state: That the subpoena is issued in the name of The State of Texas; The style of the lawsuit.

192.7 Definitions. (a)Written discovery means required disclosures, requests for disclosure in suits governed by the Family Code, requests for production and inspection of documents and tangible things, requests for entry onto property, interrogatories, and requests for admission.

On the occasion of a party's first appearance through counsel, the attorney whose signature first appears on the initial pleadings for any party shall be the attorney in charge, unless another attorney is specifically designated therein.

A party may take the testimony of any person or entity by deposition on written questions before any person authorized by law to take depositions on written questions. A notice of intent to take the deposition must be served on the witness and all parties at least 20 days before the deposition is taken.

A fine may not be imposed, nor a person served with a subpoena attached, for failure to comply with a subpoena without proof by affidavit of the party requesting the subpoena or the party's attorney of record that all fees due the witness by law were paid or tendered. Amended by order of Nov. 9, 1998, eff.

Rule 192.3(c) makes discoverable a "brief statement of each identified person's connection with the case." This provision does not contemplate a narrative statement of the facts the person knows, but at most a few words describing the person's identity as relevant to the lawsuit.

When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or ...

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Texas Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice