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.
A Sugar Land Texas Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice is a legal document filed in a court of law requesting permission to conduct a deposition at a location different from the one initially stated in the notice. It provides detailed reasoning and supporting evidence for the change in the deposition location. Below, we will discuss the significance of this affidavit and its different types related to Sugar Land, Texas. In legal proceedings, a deposition is a process where witnesses or parties provide sworn testimonies outside the courtroom. Normally, the deposition is held at the location mentioned in the initial notice. However, there are circumstances where a deposition must be relocated for various reasons. This is when a Sugar Land Texas Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice becomes relevant. The main purpose of this affidavit is to deliver a well-grounded argument for changing the deposition location. It must provide compelling reasons that justify the relocation and demonstrate that it doesn't cause any inconvenience or disadvantage to any of the involved parties. The document plays a crucial role in convincing the court to grant the motion and approve the new location. Key factors that can be addressed in the affidavit include: 1. Insufficient facilities: If the original deposition location lacks the necessary amenities or infrastructure, such as a suitable conference room, audio-visual equipment, or necessary security arrangements, it can be highlighted as a reason to change the location. 2. Witness convenience: If a witness is unable to appear for a deposition due to health issues, travel limitations, or other legitimate reasons, the affidavit can explain how a different location would allow their participation and ensure a fair opportunity for all parties involved. 3. Preservation of evidence: If a particular location is crucial to the preservation of evidence or is essential for reconstructing significant events, the affidavit can emphasize the rationale behind the change, ensuring the deposition's accuracy and reliability. 4. Availability of key resources: The affidavit can argue that a specific designated place is necessary due to the availability of critical resources, such as original documents, technical equipment, or access to relevant professionals or experts. Different types of Sugar Land Texas Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice may include: 1. Affidavit to Change Deposition Location: This type of affidavit is used when the primary purpose is to request a change of deposition location due to any of the reasons mentioned above. 2. Emergency Affidavit for Immediate Relocation: In urgent situations where an immediate deposition relocation is required, such as due to unexpected circumstances or threats to witness safety, an emergency affidavit is filed. It emphasizes the need for prompt action to ensure the deposition can proceed safely and efficiently. 3. Affidavit for Remote Deposition: In cases where physical presence is impractical or impossible, like during a pandemic or when a witness resides in a different state or country, an affidavit for a remote deposition can be filed. It justifies the need for conducting a deposition remotely, either via video conference or other suitable means. In conclusion, a Sugar Land Texas Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice is a vital legal document that seeks permission to change the location of a deposition. It provides compelling reasons, evidentiary support, and outlines the advantages of the proposed new location. By filing this affidavit, the requesting party aims to convince the court to grant the motion and facilitate a fair and efficient deposition process.
