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.
Title: Understanding Harris Texas Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice Description: In Harris County, Texas, legal proceedings often involve depositions for gathering evidence and testimonies. However, certain circumstances may arise where the originally designated location for deposition proves inconvenient or impractical. In such cases, a Harris Texas Motion for Order can be filed, requesting that the deposition be taken at a different designated place. This article will provide a comprehensive explanation of this motion, including its purpose, process, and types, along with relevant keywords. Keywords: Harris County, Texas, Motion for Order, deposition, designated place, Notice, legal proceedings, evidence, testimonies, filing, purpose, process, types 1. Purpose of Harris Texas Motion for Order: The primary purpose of a Harris Texas Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice is to request a change in deposition location. This motion allows the filer to present valid reasons to the court, justifying why the currently stated location is impractical or inconvenient. 2. Filing Process: When seeking a change in the deposition location, the following process should be followed: a. Drafting the Motion: The party seeking the change must prepare a formal written motion outlining the reasons for the request and the desired alternate location. This document should be thorough, concise, and filed with the appropriate court. b. Serving the Motion: The motion must be properly served to all relevant parties involved in the case. Compliance with the applicable rules and procedures is crucial. c. Response and Hearing: The opposing party may file a response to the motion, expressing their agreement or objection to the request. If there is a dispute, a hearing may be scheduled where both parties can present their arguments before the court. d. Court's Decision: The court will consider the motion, the response, and any supporting evidence or testimony presented during the hearing. The judge will then decide whether to grant or deny the request for a change in deposition location. 3. Types of Harris Texas Motion for Order: a. Emergency Motion for Order: If circumstances arise unexpectedly, such as the unavailability of the initially chosen location or the parties' inability to attend, an emergency motion may be filed. b. Motion for Order due to Inaccessibility or Unavailability: This type of motion is appropriate when the initially designated location becomes inaccessible or unavailable, making it impossible to conduct the deposition. c. Motion for Order due to Practicality or Convenience: When a party can demonstrate that the deposition's current location will cause significant inconvenience or impracticality, they may file this type of motion. Reasons may include excessive travel distances, excessive costs, or safety concerns. In conclusion, understanding the Harris Texas Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice is essential to navigate legal proceedings effectively. By complying with the proper process and presenting valid justifications, parties can seek a change in deposition location when necessary.
