Back to Main Page / Back to List of Rules

Rule 88. Discovery and Venue (1988)

TEXT

Discovery shall not be abated or otherwise affected by pendency of a motion to transfer venue. Issuing process for wit­nesses and taking depositions shall not constitute a waiver of a motion to transfer venue, but depositions taken in such case may be read in evidence in any subsequent suit between the same parties concerning the same subject matter in like manner as if taken in such subsequent suit. Deposition transcripts, responses to requests for admission, answers to interrogatories and other discovery products containing information relevant to a determination of proper venue may be considered by the court in making the venue determination when they are attached to, or incorporated by reference in, an affidavit of a party, a witness or an attorney who has knowledge of such discovery.

Amended by order of July 15, 1987, eff. Jan. 1, 1988.