Texas HB5134 sets conditions for requesting a deposition before filing a civil action.
Texas HB5134 amends the Civil Practice and Remedies Code to establish conditions for requesting a deposition before filing a civil action. A person may petition for a deposition to preserve testimony for an anticipated action or to investigate a potential claim, but only if they have sustained or reasonably expect to sustain actual damages. Filing a petition in violation of this requirement makes the petitioner liable for the attorney's fees of the deponents. The provision cannot be modified or repealed by a rule adopted by the supreme court.
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