1. On how many occasions, if any, have you filed a Rule 202 petition
on behalf of a client?
ONE
0
VOTES
404
1
TOTAL
619
PERC
65.26655
90
619
14.53958
2
56
619
9.04684976
3
31
619
5.00807754
More than 3.
38
619
6.13893376
2. Prior to 1999, on how many occasions, if any, had you ever used
former Rules 187 (deposition to perpetuate testimony) or 737 (bill of
discovery) prior to filing suit?
TWO
0
VOTES
400
1
TOTAL
619
PERC
64.62035
120
619
19.3861066
2
43
619
6.94668821
3
23
619
3.71567044
More than 3.
33
619
5.33117932
3. If you have filed a Rule 202 petition, describe the nature of the
matter.
THREE
VOTES TOTAL
PERC
Administrative Law
2
226
.88495
Agriculture
1
226
.44247
Antitrust
1
226
.44247
Auto
3
226
1.32743
Banking
1
226
.44247
62
226
27.43362
Civil Rights
7
226
3.09734
Communications Law
4
226
1.86046
Consumer
7
226
3.09734
Business/Commercial/Breach of Contract
Environmental
1
226
.44247
Family
1
226
.44247
Health
2
226
.88495
Insurance
6
226
2.65486
Intellectual Property
7
226
3.09734
Labor and Employment
14
226
6.19469
Medical Malpractice
14
226
6.19469
Not Applicable
393
619 63.4894992
Other
13
226
5.75221
Personal Injury/Wrongful Death
57
226
25.22123
Probate
14
226
6.19469
Product Liability
3
226
1.32743
Property Law & Real Estate
4
226
1.76991
Securities
2
226
.88495
4. If you have filed a Rule 202 petition, why did you not simply
interview and/or take a statement from the witness instead?
A) A deposition was necessary to perpetuate the witness’s testimony
FOURA
VOTES
Y
TOTAL
118
PERC
309
38.1877
B) To give a potentially adverse party (or parties) a chance to cross-examine the
witness
FOURB
Y
VOTES
TOTAL
33
PERC
309
10.67961
C) To help encourage a potentially adverse party (or parties) to settle early
FOURC
VOTES
TOTAL
Y
61
PERC
309
19.7411
D) Other
FOURD
VOTES
TOTAL
Y
97
309
PERC
31.39158
E) Not Applicable
FOURE
VOTES
Y
5.
TOTAL
309
PERC
619
49.9192246
Why did you not first file a lawsuit instead of seeking a pre-suit
deposition?
A) A pre-suit deposition was necessary to perpetuate the witness’ testimony
FIVE A
VOTES
Y
TOTAL
78
383
PERC
20.36553
B) To give a potentially adverse party (or parties) a chance to cross-examine the
witness
FIVEB
Y
VOTES
TOTAL
79
PERC
383
20.62663
C) To allow me to provide more detailed allegations in the petition
FIVEC
VOTES
TOTAL
Y
PERC
56
383
14.6214
393
PERC
22.1374
D) To determine the proper party or parties to sue
FIVED
VOTES
TOTAL
Y
87
E) To verify or refute information given to me by my client
FIVEE
VOTES
Y
TOTAL
83
393
PERC
21.11959
F) Other
FIVEF
VOTES
Y
TOTAL
PERC
38
393
9.92167
G) Not applicable
FIVEG
Y
VOTES
TOTAL
298
PERC
48.1421648
619
6. If you have filed a Rule 202 petition, was it granted?
SIX
No
VOTES
TOTAL
PERC
79
264
29.92424
Not-Applicable
355
619
57.3505654
Yes
185
264
70.07575
7. If you were allowed to take the Rule 202 deposition, what limits, if
any, did the court set on the deposition?
A) Limited the length
SEVEN A
VOTES
TOTAL
Y
30
PERC
240
12.5
B) Limited the scope of the subject matter I could cover
SEVENB
VOTES
Y
TOTAL
55
PERC
22.91666
240
C) Did not allow me to request the production of documents
SEVENC
VOTES
Y
TOTAL
6
PERC
240
2.5
D) Allowed me to request documents, but limited the scope of the requests
SEVEND
VOTES
Y
TOTAL
21
PERC
240
8.75
E) Placed no limits or applied limits in TRCP for oral depositions generally
SEVENE
Y
F) Other
VOTES
TOTAL
120
PERC
240
50
SEVENF
VOTES
Y
TOTAL
8
PERC
240
3.33333
G) Not applicable
SEVENG
Y
VOTES
TOTAL
358
PERC
57.8352181
619
NOTE ON Q. 8 and 9 – Technically, from an above question, 79 202’s were denied. I still
counted up total votes to determine the denominator, but I wanted you to notice another
inconsistency
8. If the Rule 202 petition you filed was denied, why?
A) Court required notice to more parties than I had or was able to notify
EIGHT A
VOTES
TOTAL
Y
PERC
0
24
0
B) Court deemed the subject matter not appropriate for a Rule 202 deposition
EIGHTB
VOTES
TOTAL
Y
9
PERC
24
3.75
C) Technical deficiencies in the Rule 202 petition
EIGHTC
Y
D) Other
VOTES
TOTAL
1
24
PERC
4.16666
EIGHTD
VOTES
Y
TOTAL
14
PERC
24
58.3333
E) Not applicable
EIGHTE
VOTES
Y
TOTAL
510
619
PERC
82.3909532
9) If the Rule 202 petition you filed was denied, did you proceed to file
suit notwithstanding?
NINE
VOTES
TOTAL
PERC
No
103
124
83.06451
Not-Applicable
495
619
79.9676898
21
124
16.93548
Yes
10) If a Rule 202 deposition was taken before suit and you did not
thereafter file suit, why not?
A) The case settled
TEN A
VOTES
Y
TOTAL
51
PERC
127
40.15748
B) I determined, based on the information I had at the time, that a suit might
violate a sanctions rule or statute
TENB
Y
VOTES
TOTAL
12
PERC
127
C) I was not able to determine the proper parties to sue
9.44881
TENC
VOTES
TOTAL
Y
PERC
7
127
5.51181
D) Other
TEND
VOTES
Y
TOTAL
57
127
PERC
44.88188
E) Not Applicable
TENE
Y
VOTES
TOTAL
436
PERC
70.4361874
619
11) If a Rule 202 deposition was taken before suit, did the Rule 202
deposition substantially contribute to a settlement of the case?
ELEVEN
VOTES
111
TOTAL
229
PERC
48.47161
Not-Applicable
390
619
63.0048465
Yes
118
229
51.52838
No
12) If a Rule 202 deposition was taken and you filed suit after the
deposition, whom did you sue?
QUESIOTN- What is C2 (notice the labeling of 12A, 12C2, 12B, 12C)
A) The person or entity deposed at the Rule 202 deposition (or related party)
TWELVE A
VOTES
TOTAL
PERC
N
548
619
88.5298869
Y
71
619
11.4701131
B) A person or entity not deposed under Rule 202 whom you knew about prior to the rule
202 deposition
TWELVEC2
N
VOTES
579
TOTAL
619
PERC
93.5379645
Y
27
619
4.36187399
13
619
2.10016155
C) A person or entity not deposed under Rule 202 whom you did not know about prior to
the Rule 202 deposition
TWELVEB
VOTES
TOTAL
PERC
N
565
619
91.276252
Y
54
619
8.72374798
D) Not applicable
TWELVEC
VOTES
TOTAL
PERC
N
186
619
30.0484653
Y
433
619
69.9515347
13) Prior to 1999, on how many occasions, if any, had you received
notice that another person or entity was invoking former Rules 187 or
737 to obtain testimony prior to filing suit?
THIRTEEN
VOTES
TOTAL
PERC
0
418
619
67.52827
1
102
619
16.4781906
2
45
619
7.26978998
3
16
619
2.58481422
More than 3.
38
619
6.13893376
14) Prior to 1999, on how many occasions, if any, did you subsequently
learn that former Rule 187 or 737 had been invoked without advance
notice to your client with a potentially adverse interest?
FOURTEEN
0
VOTES
531
TOTAL
619
PERC
85.78352
1
41
619
6.62358643
2
23
619
3.71567044
3
6
619
.969305331
18
619
2.90791599
More than 3.
15) On how many occasions, if any, have you ever received notice of a
Rule 202 petition initiated by another person or entity?
FIFTEEN
VOTES
TOTAL
PERC
0
410
619
66.23586
1
124
619
20.0323102
2
39
619
6.30048465
3
9
619
1.453958
37
619
5.97738288
More than 3.
16) If you have received a notice of a Rule 202 petition initiated by
another, describe the nature of the matter.
SIXTEEN
VOTES TOTAL
PERC
Administrative Law
2
203
.98522
Auto
1
203
.49261
Banking
3
203
1.47783
Bankruptcy
1
203
.49261
44
203
21.67487
8
203
3.94088
Business/Commercial/Breach of Contract
Civil Rights
Communications Law
1
203
.49261
Consumer
2
203
.98522
Environmental
1
203
.49261
11
203
5.41871
5
203
2.46305
Labor and Employment
12
203
5.91133
Medical Malpractice
20
203
.0985221
Insurance
Intellectual Property
Not Applicable
416
619 67.2051696
Other
12
203
5.91133
Personal Injury/Wrongful Death
63
203
31.03448
Probate
3
203
1.47783
Product Liability
7
203
3.44827
Property Law & Real Estate
4
203
1.97044
Securities
3
203
1.47783
17) If you have ever received notice that another person or entity had
invoked Rule 202, was the petition granted by the court?
SEVENTEEN
VOTES
TOTAL
PERC
No
110
264
41.66666
Not-Applicable
355
619
57.3505654
Yes
154
264
58.333333
18) If another person or entity invoked Rule 202 and the petition was
granted by the court, what limits, if any, did the court set on the
deposition?
A) Limited the length
EIGHTEEN A
Y
VOTES
27
TOTAL
203
B) Limited the scope of the subject matter they could recover
PERC
13.30049
EIGHTEENB
VOTES
Y
TOTAL
44
PERC
203
21.67487
C) Did not allow the other side to request the production of documents
EIGHTEENC
VOTES
TOTAL
Y
9
203
PERC
4.43349
D) Allowed the other side to request the production of documents
EIGHTEEND
VOTES
TOTAL
Y
20
PERC
203
9.85221
E) Placed no limited or applied limits in TRCP for oral depositions generally
EIGHTEENE
VOTES
Y
TOTAL
87
PERC
203
4.285714
F) Other
EIGHTEENF
VOTES
Y
TOTAL
16
203
PERC
7.88177
G) Not Applicable
EIGHTEENG
VOTES
TOTAL
PERC
N
212
619
34.2487884
Y
407
619
65.7512116
19) If another person or entity took a Rule 202, do you believe the Rule
202 deposition substantially contributed to an earlier settlement than
otherwise would have been the case if no deposition had been taken?
NINETEEN
VOTES
TOTAL
PERC
No
166
216
76.85185
Not-Applicable
403
619
65.1050081
50
216
23.14814
Yes
20) If another person or entity invoked Rule 202 and the petition was
denied by the court, why?
A) Court required notice to more parties than the other side notified
TWENTY A
VOTES
Y
TOTAL
3
PERC
70
4.28571
B) Court deemed the subject matter not appropriate for a Rule 202 deposition
TEWNTYB
VOTES
Y
TOTAL
32
PERC
70
45.71428
70
PERC
27.14285
C) Technical deficiencies in the Rule 202 petition
TWENTYC
VOTES
Y
TOTAL
19
D) Other
TWENTYD
VOTES
Y
TOTAL
16
PERC
70
22.85714
E) Not Applicable
TWENTYE
Y
VOTES
497
TOTAL
619
PERC
80.2907916
21) If another person or entity invoked Rule 202 and the petition was
denied by the court, did that same person or entity proceed to
file suit notwithstanding the denial of the Rule 202 petition?
TWENTYONE
No
Not-Applicable
Yes
VOTES
TOTAL
PERC
94
143
65.73426
476
619
76.8982229
49
143
34.26573