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In Re John Does 1 and 2

In this mandamus proceeding, relators argue that the trial court abused its discretion by failing to comply with Texas Rules of Civil Procedure Rule 202. Rule 202.4(a) states: The court must order a deposition to be taken if, but only if, it finds that 1. allowing the petitioner to take the requested deposition may prevent a failure or delay of justice in an anticipated suit; or 2. the likely benefit of allowing the petitioner to take the requested deposition to investigate a potential claim outweighs the burden or expense of the procedure. The trial court did not make either of these findings. The trial court clearly abused its discretion in failing to follow Rule 202. Rule 202.5 provides that use of a deposition may be restricted or prohibited to prevent abuse of this rule, but that remedy for noncompliance affords relators no relief from their complaint that their identities not be disclosed. Thus, relators are entitled to mandamus relief. Texas Supreme Court, No. 10-0366, 04-15-2011

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ON PETITION FOR WRIT OF MANDAMUS

In this mandamus proceeding we hold that a court may not order pre-suit discovery by agreement of the witness over the objections of other interested parties without making the findings required by Rule 202.4(a) of the Texas Rules of Civil Procedure.

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