IN RE JORDEN

No. 06-0369.

249 S.W.3d 416 (2008)

In re Jack JORDEN, M.D. et al., Relators.

Supreme Court of Texas.

Decided March 28, 2008.


Attorney(s) appearing for the Case

Don W. Kent, Ken W. Good, Kent Good Anderson & Bush, P.C., E. Glenn Thames Jr., Douglas R. McSwane Jr., Wade Nolan Hallisey, Potter Minton, P.C., Tyler, R. Brent Cooper, Diana L. Faust, Cooper & Scully, P.C., Kirsten M. Castaneda, Locke Liddell & Sapp LLP, Dallas, Mike A. Hatchell, Locke Lord Bissell & Liddell, LLP, Austin, Joel J. Steed, Russell H. Hill, Steed Flagg, L.L.P., Rockwall, Mike A. Hatchell, Austin, for Relators.

Christopher Allan, Pro Se for Real Party in Interest.

William H. "Bill" Liebbe, Law Offices of Bill Liebbe, Tyler, for Real Party in Interest.

Michael S. Hull, Hull Hendricks & MacRae, L.L.P., Austin, Kenneth Charles Cunningham, Good Shepherd Health System, Longview, Joel Patrick Baker, The Baker Law Firm, P.L.L.C., Tyler, for Amicus Curiae.


Justice BRISTER delivered the opinion of the Court.

A Texas statute limits discovery in health-care lawsuits until the plaintiff serves an expert report summarizing how each defendant violated standards of care and caused the plaintiff injury. The issue here is whether that statute applies to presuit depositions authorized by Rule 202 of the Texas Rules of Civil Procedure. Because the statute prohibits "all discovery" other than three exceptions — and Rule...

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