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Rule 737. Bill of Discovery

TEXT

All trial courts shall entertain suits in the nature of bills of discovery, and grant relief therein in accordance with the usages of courts of equity. Such remedy shall be cumulative of all other remedies. In actions of such nature, the plaintiff shall have the right to have the defendant examined on oral interrogatories, either by summoning him to appear for examination before the trial court as in ordinary trials, or by taking his oral deposition in accordance with the general rules relating thereto.

Source: Art. 2002.

Change: Addition of last sentence.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of Aug. 4, 1998 & Nov. 9, 1998, eff. Jan. 1, 1999.

ADVISORY OPINIONS

(No. 97) Question: Do justice courts have jurisdiction of bills of discovery under Rule 737?

Answer: The inquiry raises a question of constitutional jurisdiction of justice courts which is not within the province of the subcommittee to consider, since its duties are confined to the interpretation of the rules of practice and pro­cedure in civil actions. We may call attention to the fact, however, that the jurisdiction of the courts and the substantive rights of litigants were not affected by the adoption of the rules. Rule 816, and Section 2 of the Enabling Act, House Bill 108, Forty-sixth Legislature.

6 Tex. B.J. 276 (1943) reprinted in 8 Tex. B.J. 35 (1945).