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Rule 202.2. Petition (Aug. 1998)

TEXT

(a) be verified;

(b) be filed in the proper court of any county where venue of the anticipated suit may lie;

(c) be in the name of the petitioner;

(d) state that the petitioner anticipates the institution of a suit in which the petitioner may be a party;

(e) state the subject matter of the anticipated action and the petitioner’s interest therein;

(f) either:

(1) state the names of the persons petitioner expects to have interests adverse to petitioner's in the anticipated suit, and the addresses and telephone numbers for such persons; or

(2) state that the names, addresses, and telephone numbers of persons petitioner expects to have interests adverse to petitioner's in the anticipated suit cannot be ascertained through diligent inquiry, and describe those persons;

(g) state the names, addresses and telephone numbers of the persons to be deposed, the substance of the testimony that the petitioner expects to elicit from each, and the petitioner’s reasons for desiring to obtain the testimony of each; and

(h) request an order authorizing the petitioner to take the depositions of the persons named in the petition.

Aug. 4, 1998, eff. Jan. 1, 1999.

AMENDMENTS

Notes and Comments

Comments to 1999 change: This rule applies to all discovery before suit covered by former rules governing depositions to perpetuate testimony and bills of discovery.