In Re Jack Jorden, M.d., Relators

Summary

The Texas Supreme Court held that Texas Civil Practice and Remedies Code § 74.351(s) bars presuit depositions under Rule 202 in health‑care liability claims until an expert report is served, and that the statute applies to potential (unfiled) claims. The Court granted mandamus relief directing lower courts to vacate orders permitting such depositions. Justice O’Neill filed a concurring opinion agreeing with the result but noting limited discretion may be appropriate when other discovery methods fail.