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Rule 202.1. Generally (1999)
TEXTA person may petition the court for an order authorizing the taking of a deposition on oral examination or written questions either:
(a) to perpetuate or obtain the person's own testimony or that of any other person for use in an anticipated suit; or
(b) to investigate a potential claim or suit.
Amended by order of Nov. 9, 1998, eff. Jan. 1, 1999.
|Prior Amendments||Future Amendments|
|Aug. 4, 1998, eff. Jan. 1, 1999|
Notes and Comments
Comments to 1999 change:
1. This rule applies to all discovery before suit covered by former rules governing depositions to perpetuate testimony and bills of discovery.
2. A deposition taken under this rule may be used in a subsequent suit as permitted by the rules of evidence, except that a court may restrict or prohibit its use to prevent taking unfair advantage of a witness or others. The bill of discovery procedure, which Rule 202 incorporates, is equitable in nature, and a court must not permit it to be used inequitably.