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 Sugar Land, Texas, individuals involved in legal proceedings have the option to file a Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice. This motion allows parties to request a change in the location of a deposition, deviating from the originally specified place in the notice. The following is a comprehensive description of the process, types, and key aspects relevant to Sugar Land's Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice. A deposition, often crucial in litigation, is a sworn testimony where witnesses provide information under oath that can be used as evidence during a trial. Typically, the location where the deposition will occur is mentioned in the original notice. However, circumstances may arise wherein parties need to modify the location to ensure convenience, security, or accessibility. To initiate the process of changing the deposition location, the party seeking the modification must file a Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice with the appropriate court in Sugar Land, Texas. This motion outlines the reasons justifying the change, such as the unavailability of the originally specified location, witness relocation, or medical concerns. It must present substantial evidence or compelling arguments to persuade the court in granting the motion. In Sugar Land, Texas, there are different types of Motions for Order that Deposition be taken at a Designated Place other than that Stated in Notice as described below: 1. Emergency Motion: This type of motion is filed when a sudden and unexpected situation arises, necessitating immediate action. For example, if a scheduled deposition location becomes unusable due to a natural disaster or other unforeseen events, an emergency motion may be filed to relocate the deposition promptly. 2. Motion for Convenience: Parties may request a change in the deposition location on the grounds of convenience. This could involve moving the deposition to a closer location for all participants, reducing travel time and expenses, especially when multiple parties are involved. 3. Motion for Witness Safety: In situations where the witness's safety may be compromised, parties can request a change in the deposition location to safeguard the witness's well-being. This may occur when there is a threat to the witness's security or if relocating the deposition makes it less accessible for potential harm. 4. Motion for Accessibility: If the originally designated deposition location is inaccessible to a party or a witness due to physical disabilities or other limiting factors, a motion can be filed to change the location to a more accessible venue. This ensures that all parties involved can fully participate in the deposition process. When filing a Sugar Land, Texas Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice, it is essential to comply with all relevant court rules and procedures. The motion should be supported by persuasive arguments, backed by the required evidence or documentation. Additionally, timely filing and proper service of the motion to all parties involved is crucial to ensure adherence to legal protocols. In summary, a Sugar Land, Texas Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice allows parties to request a change in the location of a deposition. Different types of motions, including emergency, convenience, witness safety, and accessibility motions, cater to varying circumstances justifying the need for a modified deposition venue. Adhering to the appropriate legal procedures and presenting compelling arguments are key to obtaining a favorable outcome for such motions.
