In re Gustavo Ramirez

Summary

The Thirteenth Court of Appeals of Texas conditionally granted Gustavo Ramirez’s petition for writ of mandamus challenging an order authorizing his presuit deposition under Texas Rule of Civil Procedure 202. The court considered the requirements for Rule 202 petitions, the existence of related pending litigation and arbitration, notice and evidentiary issues, and the need to limit the scope of a presuit deposition.

Holdings

1. The trial court abused its discretion by authorizing the presuit deposition because the petitioners failed to meet their burden to show that the likely benefit of the deposition to investigate potential claims outweighed its burden or expense.
2. Mandamus relief was appropriate because an improper Rule 202 deposition order may be set aside by mandamus and Ramirez lacked an adequate remedy by appeal.

Questions Presented

1. Whether the trial court abused its discretion by authorizing a Rule 202 presuit deposition when the petitioners had not shown that the likely benefit outweighed the burden or expense.
2. Whether the existence of pending litigation and arbitration provided alternative avenues for obtaining the requested discovery.
3. Whether mandamus was appropriate because the Rule 202 deposition order was improper and Ramirez lacked an adequate remedy by appeal.

Disposition

writ_granted