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.
An Irving 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 used to request a change in the location of a deposition in the Irving, Texas area. This affidavit serves as evidence to support the motion for an order allowing the deposition to take place at a different place than originally stated in the notice. Depositions in legal proceedings are recorded statements given under oath, which can include testimony, questioning, and gathering evidence. The original notice for a deposition typically specifies a specific location. However, there may be situations where the designated place is not convenient or suitable for either party involved. In such cases, an affidavit in support of a motion for a change in location can be filed to request the court's approval. This type of affidavit should contain specific details and well-reasoned arguments explaining why the change in location is necessary. It should provide relevant information such as: 1. Case Details: Include the names of the involved parties, case number, and court in which the case is being heard. 2. Reason for the Request: Clearly state the reasons why the current deposition location is not suitable. This could include factors such as distance, accessibility, safety concerns, or availability of necessary resources. 3. Proposed Alternate Location: Specify the proposed new location for the deposition. This could be a different physical address or a suggestion to conduct the deposition remotely via videoconference. 4. Supporting Evidence: Provide any supporting evidence or documentation to strengthen the argument. This might include photographs, maps, testimonials, or expert opinions that demonstrate the inconvenience or potential drawbacks of the original location. 5. Requested Order: Concisely request the court to issue an order allowing the deposition to take place at the designated place proposed in the affidavit. Different types of Irving Texas Affidavits in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice can vary based on the specific circumstances of a case, such as: — Medical reasons: When a deponent is unable to travel due to health issues or physical limitations. — Confidentiality concerns: When the initial deposition location raises security concerns or breaches confidentiality. — Cost and convenience: When the original location would cause disproportionate travel expenses or inconvenience for one or both parties. — Safety concerns: When a deponent fears for their safety or there are known security risks at the original location. These are just a few examples of the types of affidavits that may be filed in support of a motion for a change in deposition location. The specific circumstances of each case will determine the type and nature of the supporting affidavit needed. It is always advisable to consult with an attorney familiar with Irving, Texas laws and procedures to ensure the correct filing of such affidavits and motions.
