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Rule 88. Discovery and Venue


Reasonable discovery is permitted on any issues relevant to a determination of proper venue. Issuing process for witnesses and taking depositions shall not constitute a waiver of a motion to transfer venue, but depositions taken in such case may be read in evidence in any subsequent suit between the same parties concerning the same subject matter in like manner as if taken in such subsequent suit. Depositions, responses to requests for admission, answers to interrogatories and other discovery products on file containing information relevant to a determination of proper venue may be considered by the court in making the venue determination when they are attached to, or incorporated by reference in, an affidavit of a party, a witness or an attorney who has knowledge of such discovery.

Amended by order of June 15, 1983, eff. Sept. 1, 1983: To conform to S.B. 898, 68th Legislature. 1983.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 July 15, 1987, eff. Jan. 1, 1988