Rule 192.6 of the Texas Rules of Civil Procedure states:
(a) Motion. A person from whom discovery is sought, and any other person affected by the discovery request, may move within the time permitted for response to the discovery request for an order protecting that person from the discovery sought. A person should not move for protection when an objection to written discovery or an assertion of privilege is appropriate, but a motion does not waive the objection or assertion of privilege. If a person seeks protection regarding the time or place of discovery, the person must state a reasonable time
and place for discovery with which the person will comply. A person must comply with a request to the extent protection is not sought unless it is unreasonable under the circumstances to do so before obtaining a ruling on the motion.
(b) Order. To protect the movant from undue burden, unnecessary expense, harassment, annoyance, or invasion of personal, constitutional, or property rights, the court may make any order in the interest of justice and may - among other things - order that:
(1) the requested discovery not be sought in whole or in part;
(2) the extent or subject matter of discovery be limited;
(3) the discovery not be undertaken at the time or place specified;
(4) the discovery be undertaken only by such method or upon such terms and conditions or at the time and place directed by the court;
(5) the results of discovery be sealed or otherwise protected, subject to the provisions of Rule 76a.
In San Antonio, Texas, the Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice is a legal request filed by a party in a lawsuit to seek permission from the court to conduct a deposition at a location other than what was originally specified in the notice. A deposition is an out-of-court oral testimony given under oath, often used during pre-trial discovery, in which witnesses or parties to a lawsuit provide information and answer questions. Typically, the notice of deposition includes the location where the deposition is to take place. However, there are situations where a party may need to request a change in the deposition location, and the Motion for Order comes into play to address such circumstances. The motion is typically filed with the court that has jurisdiction over the case and should outline the reasons for the request to change the designated place of deposition. The party filing the motion must demonstrate a valid reason or special circumstances that warrant the change. Some valid reasons could include the unavailability of the original location, logistical difficulties, or concerns for the safety or convenience of the parties or witnesses. It is important to note that there may be different types of Motions for Order that Deposition be taken at a Designated Place other than that Stated in Notice, depending on the specific circumstances of the case. For example, a party may request a change in deposition location within the same city due to unforeseen circumstances, such as a sudden unavailability of the initially stated location. Alternatively, a party might need to request a change in location to a different city or state if a witness or a party resides or is employed there and their testimony is crucial to the case. Ultimately, the decision to grant or deny the motion lies with the court, taking into consideration the reasons provided, the relevance of the requested deposition location, and the potential impact on the parties involved. If the court grants the motion, it will issue an order allowing the deposition to be taken at the designated place designated in the order rather than at the initially stated location in the notice.
