In Re Jack Jorden, M.d., Relators

Summary

The Texas Supreme Court held that §74.351(s) of the Civil Practice and Remedies Code bars presuit depositions under Rule 202 in health‑care liability claims until an expert report and curriculum vitae are served, applying the statute’s plain‑meaning and its definition of a cause of action to potential claims. Accordingly, the Court granted mandamus and ordered the lower courts to vacate orders permitting such depositions. Justice O’Neill concurred, agreeing with the holding but suggesting limited discretion may be appropriate when other discovery methods fail.