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Jeremy Fielding, Nick Brown & Michael Kalis

Be Careful Where You Seek Pre-Suit Discovery: Appellate Divide on TCPA Deepens

In Amarillo, Austin, and just recently Fort Worth, the party resisting pre-suit discovery under Rule 202 can (in the right circumstances) file a motion to dismiss under the Texas Citizens Participation Act (TCPA), requiring the petitioner to meet the TCPA’s evidentiary hurdles or risk paying the other side’s fees and getting sanctioned, all while potentially engaging in a protracted process that spoils the entire purpose of Rule 202 petitions. But both Houston Courts of Appeals have rejected the applicability of the TCPA to pre-suit discovery. Until the Texas Supreme Court resolves the split, where a pre-suit petition for discovery is filed can have a dramatic impact on the outcome.

May 30, 2024 Jeremy Fielding, Nick Brown & Michael Kalis

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