SPRING 2019 TODAY’S GENER AL COUNSEL
OUT-OF-STATE DEPOSITION AND DISCOVERY IN
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By James W. Walker and Ian Ross Phillips
James W. Walker is a member of the litigation department at Cole Schotz P.C. He handles trial and appeal of complex commercial disputes nationwide for Fortune 500 companies, municipalities and individuals. jwalker@coleschotz. com
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ost states have enacted the Interstate Depositions and Discovery Act, which simplifies procedures for issuing subpoenas for out-of-state discovery, including document requests and depositions. Unfortunately, Texas has not adopted the Act. It is difficult for out-of-state litigants, unfamiliar with relevant Texas legal requirements, to conduct depositions or obtain meaningful discovery from non-party Texas residents efficiently, and the assistance of local counsel is often required.
