1)
On how many occasions, if any, have lawyers sought a Rule 202 presuit deposition from you?
ONE
VOTES
TOTAL
PERC
0
33
83
39.75903
1
6
83
7.22891566
2
9
83
10.8433735
3
8
83
9.63855422
Do not recall
2
83
2.40963855
More than 3
25
83
30.1204819
2) Prior to 1999, on how many occasions, if any, have lawyers asked you to approve the taking of a
presuit deposition under former Rules 187 (deposition to perpetuate testimony) or 737 (bill of
discovery)?
TWO
VOTES
TOTAL
0
50
83
PERC
60.24096
1
10
83
12.0481928
2
6
83
7.22891566
Do not recall
10
83
12.0481928
More than 3
7
83
8.43373494
3) Prior to 1999, on how many occasions, if any, have lawyers asked you to approve the taking of a
presuit deposition under former Rules 187 (deposition to perpetuate testimony) or 737 (bill of
discovery) where the petitioner did not contemplate giving notice to all potentially adverse parties?
THREE
VOTES
0
64
83
PERC
77.10843
1
3
83
3.61445783
Do not recall
14
83
16.8674699
More than 3
2
83
2.40963855
30
83
36.1445783
Not-Applicable
TOTAL
4) If a Rule 202 petition has been filed in your court, describe the nature of the matter.
FOUR
VOTES TOTAL
PERC
Business/Commerical/Breach of Contract
5
46 10.86956
Civil Rights
1
46
2.17391
Communications Law
1
46
2.17391
Environmental
1
46
2.17391
Labor and Employment
1
46
2.17391
Medical Malpractice
7
46 15.21739
Other
3
46
Personal Injury/Wrongful Death
22
6.52173
46 47.82608
Product Liability
3
46
6.52173
Property Law & Real Estate
1
46
2.17391
Tax
1
46
2.17391
5) If a lawyer has asked you to allow him/her to take a presuit deposition under Rule 202, what was
the reason given, if any, for why the lawyer did not first file a lawsuit (you may check one or more
boxes below)?
To preserve witness testimony
FIVE A
VOTES
TOTAL
Y
23
PERC
29.87012
77
To investigate a potential claim or to obtain testimony in anticipation of suit
FIVEB
VOTES
TOTAL
Y
49
PERC
77
63.63636
Other
FIVEC
VOTES
TOTAL
Y
3
PERC
77
3.8961
77
PERC
2.5974
Do Not Recall
FIVED
VOTES
TOTAL
Y
2
6) If a Rule 202 petition has been filed in your court, did you grant the petition?
SIX
VOTES
TOTAL
PERC
No
6
50
12
Yes
44
50
88
7) If you granted the petition, what limits, if any, did you set on the deposition?
Limited the length
SEVEN A
VOTES
Y
TOTAL
15
PERC
77
13.46153
77
PERC
32.46753
Limited Scope of the subject matter to be covered
SEVENB
VOTES
Y
TOTAL
25
Did not allow production of documents
SEVENC
VOTES
TOTAL
Y
PERC
4
77
5.1948
Allowed production of documents, but limited scope
SEVEND
VOTES
Y
TOTAL
10
PERC
77
12.98701
Placed no limits or applied limits in TRCP for oral depositions generally
SEVENE
VOTES
Y
TOTAL
19
PERC
77
24.67532
Other
SEVENF
VOTES
TOTAL
Y
4
77
PERC
5.1948
8) Have you ever granted a Rule 202 petition where you did not require that notice be given to all
parties with potentially adverse interests?
EIGHT
VOTES
Yes
TOTAL
4
PERC
70
5.71428
9) If you have ever denied a Rule 202 petition, why?
The rule required notice to be sent to more parties than the petitioning party had or was
able to notify
NINEA
VOTES
TOTAL
PERC
Y
2
31
6.45161
The subject matter was not appropriate for a Rule 202 petition
NINEB
VOTES
Y
TOTAL
12
PERC
38.70967
31
Technical deficiencies in the Rule 202 petition
NINEC
VOTES
Y
TOTAL
PERC
9
31
29.-3225
Other
NINED
VOTES
Y
TOTAL
8
PERC
31
25.80645
10) If a Rule 202 petition is granted in your court, is there a local rule or rule particular to your court
that makes it necessary for the party to file an original petition to initiate a lawsuit, if they choose to
subsequently bring suit, or may the party simply amend the Rule 202 petition?
TEN
Yes
VOTES
TOTAL
13
PERC
73
17.80821
11) Do other courts in your district have a different rule?
ELEVEN
Do not know
VOTES
TOTAL
PERC
38
76
50
No
36
76
47.36842
Yes
2
76
2.63157
12) 12. If a Rule 202 petition is granted and a new, original petition must be filed to initiate suit, is
there a local rule or practice that requires that the subsequent suit be funneled to the court that
granted the 202 petition?
TWELVE
VOTES
TOTAL
PERC
Do not know
16
74
21.62162
No
43
74
58.1081
Yes
15
74
20.27027
13) If a Rule 202 petition is denied, is there a local rule or rule in your court that requires any
subsequently initiated suit to be funneled to the court that denied the Rule 202 petition?
THIRTEEN
VOTES
TOTAL
PERC
Do not know
19
75
25.333333
No
46
75
61.333333
Yes
10
75
13.333333
14) If you have denied a Rule 202 petition filed before you, did the petitioner subsequently proceed
to file suit notwithstanding the adverse 202 ruling?
FOURTEEN
VOTES
Do not know
TOTAL
PERC
49
59
83.05084
No
7
59
11.8644
Yes
3
59
5.08474
15) In your opinion, if you allowed a Rule 202 deposition to take place in a case, did it substantially
contribute to an earlier settlement than might otherwise have been the case if no deposition had been
taken?
FIFTEEN
Do not know
VOTES
TOTAL
36
47
PERC
76.59574
No
1
47
2.12765
Yes
10
47
2.127659