Other Forms of Discovery & Protective Orders

Question 1

What must a movant show in an order for a Physical & Mental Examination to be orderd? (3 requirements)

Answer 1

1. The mental/physical conditions of a party is in controversy
2. Reasonable nexus between the condition in controvery & the examination sought
3. Not possible to obtain the desired information through means that are less intrusive than a compelled

Question 2

What procedure is required for a Phsycial or Mental Examination?

Answer 2

1. Must make a motion to the court
2. The court then must order the examination

Question 3

Discovery from NON - Parties (4 methods of discovery)

Answer 3

1. Request of Motion for Entry Upon Property (196.7)
2. Depositions (Oral & Written)
3. Request for Production with or without depositions
4. Physical and Mental Examinations

Question 4

What Notice is required when seeking Discovery from NON-Parties

Answer 4

1. Each particular form of discovery must have notice
2. Depostions - must be served with or before servce of the deposition subpoena
3. If Requesting documents for production without a depositions, must be served 10 days before service of the subpoena to give parties time to present objections.

Question 5

What is a Subpoena? Who can Issue and serve them? What is their jurisdictional limit?

Answer 5

1. An Order compelling Appearance or Production
2. Can be issued by attorney or court.
3. A subpoena may be served at any place within the State of Texas by
   any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older.
4. Requires attendance or production in any county that is no more than 150 mi. from where the person resides, or is served.

Question 6

How are subpoenas enforced?

Answer 6

1. May seek relief in the court that issued the subpoena or the county where it was served
2. Enforceable by contempt, fines and imprionment

Question 7

What are Sealing Orders?

Answer 7

1. A protective order that can be used that is used to protect parties from burdensom, expensive or overly board discovery and;
2. protect the confidentialy of matters disclosed in discovery

Question 8

Court records are open to the general public. When may these records be sealed?

Answer 8

1. A specific, serious and substantial interest which cleary outweighs:
   a. The presumption of openness and;
   b. Any probably adverse effect that sealing will have upon the general public health or safety
2. No less restictive means than sealing records will adequately and effectively protect the specific interest asserted.

Rule 192.6