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Rule 202.5 Manner of Taking and Use (1999)
TEXTExcept as otherwise provided in this rule, depositions authorized by this rule are governed by the rules applicable to depositions of nonparties in a pending suit. The scope of discovery in depositions authorized by this rule is the same as if the anticipated suit or potential claim had been filed. A court may restrict or prohibit the use of a deposition taken under this rule in a subsequent suit to protect a person who was not served with notice of the deposition from any unfair prejudice or to prevent abuse of this rule.
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.