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Rule 202.3 Notice and Service (Aug. 1998)


(a) Personal service on witnesses and persons named. At least 15 days before the date of the hearing on the petition, the petitioner must serve the petition and a notice of the hearing - in accordance with Rule 21a - on all persons petitioner seeks to depose and all persons petitioner expects to have interests adverse to petitioner's in the anticipated suit.

(b) Service by publication on persons not named.

(1) Manner. Unnamed persons described in the petition whom the petitioner expects to have interests adverse to petitioner's in the anticipated suit may be served by publication with the petition and notice of the hearing. The notice must state the place for the hearing and the time it will be held, which must be mare than 14 days after the first publication of the notice. The petition and notice must be published once each week for two consecutive weeks in the newspaper of broadest circulation in the county in which the petition is filed, or if no such newspaper exists, in the newspaper of broadest circulation in the nearest county where a newspaper is published.

(2) Objection to depositions taken on notice by publication. Any interested party may move by bill of review to suppress any deposition, in whole or in part, taken on notice by publication, and may also attack or oppose the deposition by any other means available.

(c) Service in probate cases. A petition to take a deposition in anticipation of an application for probate of a will, and notice of the hearing on the petition, may be served by posting as prescribed by Section 33(f)(2) of the Probate Code. The notice and petition must be directed to all parties interested in the testator's estate and must comply with the requirements of Section 33(c) of the Probate Code insofar as they may be applicable.

(d) Modification by order. As justice or necessity may require, the court may shorten or lengthen the notice periods under this rule and may extend the notice period to permit service on any expected adverse party.

Aug. 4, 1998, eff. Jan. 1, 1999.


Prior Amendments Future Amendments
  Nov. 9, 1998, eff. Jan. 1, 1999

Notes and Comments

Comments to 1999 change: This rule applies to all discovery before suit covered by former rules governing depositions to perpetuate testimony and bills of discovery.