Petition requesting deposition before suit

CAUSE NO. _______________

IN RE:

__________

(REQUESTING THE DEPOSITION OF:

__________)

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IN THE DISTRICT COURT

_______ JUDICIAL DISTRICT

_______ COUNTY, TEXAS

VERIFIED PETITION REQUESTING DEPOSITION BEFORE SUIT

TO THE HONORABLE COURT:

Petitioner __________ (hereafter referred to as “Petitioner”) submits this Verified Petition, requesting authority to take the deposition of __________ (hereafter referred to as “Deponent”), as authorized by Texas Rule of Civil Procedure 202.

I.

Petitioner seeks to investigate potential claims and/or causes of action that he may have against Deponent and/or __________ Co. Petitioner also seeks to preserve testimony and anticipates a suit being filed in _______ County, Texas.

II.

Petitioner seeks to depose Deponent, __________, who may be served with notice at [address].

III.

Petitioner is an individual. Deponent, __________ is an individual. The substance of the testimony Petitioner expects to elicit from Deponent involves any actions and/or omissions with respect to potentially defamatory and/or actionable statements and/or publications made by Deponent concerning Petitioner, in _______ County and perhaps elsewhere. Petitioner wishes to examine the identities of persons and/or entities to whom Deponent may have made such statements and/or publications. Petitioner further expects to illicit testimony from Deponent concerning the circumstances of Petitioner’s termination and whether said termination was discriminatory or otherwise wrongful. Further, Petitioner expects to examine Deponent with regard to whether Petitioner’s termination was in any way related to Petitioner’s age. Deponent possesses unique and superior knowledge relevant to Petitioner’s potential claims and the statements and/or publications he has made.

IV.

In addition to Deponent, the __________ Co. may have an interest adverse to Petitioner in a potential suit. __________ Co. may be served with notice of this petition by serving its registered agent __________, at [address].

VI.

The benefit of allowing the deposition outweighs the burden or expense of the procedure because Petitioner does not yet know whether he should invest the time and resources to develop his claims and file a lawsuit against Deponent or others. Rule 202 provides this procedure for investigating claims in such a situation.

Although Petitioner is outraged by the actions and inactions...