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 Dallas 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 by a party involved in a case to request a change in the location of a deposition. When a deposition is scheduled, it is typically held at a specific location mentioned in the notice. However, unforeseen circumstances may arise that require a change in the designated place of deposition. This affidavit serves as a formal request to the court, explaining the reasons for why the current location is not suitable or feasible for the deposition. The affidavit needs to provide compelling grounds for the requested change, and must be supported with factual evidence. The affidavit should include the following key elements: 1. Case Information: Begin by providing the full case details including the court name, case number, names of the parties involved, and the names of the attorneys representing each party. 2. Introduction: Clearly state that this affidavit is being filed in support of a motion for an order to change the designated place of the deposition. 3. Background: Describe the deposition process and how the current location was initially chosen. Mention the date and location stated in the original notice. State that unforeseen circumstances have arisen, necessitating a change. 4. Grounds for Change: Explain in detail the reasons for the requested change. This may include situations such as changes in the parties' circumstances, witness unavailability, medical or health-related issues, safety concerns, or any other relevant factors that demonstrate the need for a different location. 5. Supporting Evidence: Include any supporting documents, affidavits, photographs, email correspondence, or other evidence that substantiates the reasons stated in the affidavit. Provide detailed explanations of why this evidence is relevant to the case and how it supports the requested change. 6. Proposed Designated Place: Clearly state the new location that is being proposed for the deposition. Include the full address, contact information, and any special requirements or arrangements that need to be made. 7. Conclusion: Conclude the affidavit by summarizing the main points and reiterating the importance of granting the requested order. Sign the affidavit with a dated signature, and include the name, address, and contact information of the affine. It's important to note that there may not be different types of Dallas Texas Affidavits in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice. The content and format of the affidavit would remain largely the same, with the specific details and circumstances varying from case to case.
