Relating to the availability of certain pre-suit discovery in connection with a claim involving injury to or death of a minor.
Impact
The introduction of this bill fundamentally alters how potential claims involving minors can be pursued. By establishing a framework for pre-suit subpoenas, the legislation facilitates early access to evidential materials. This is particularly important in cases where timely preservation of evidence can significantly affect the outcome of the case. Moreover, by allowing parties to request subpoenas for oral or written depositions as well as tangible evidence, the bill seeks to enhance the overall efficiency of legal proceedings in the aftermath of minor-related incidents.
Summary
House Bill 116 addresses critical issues related to the pre-suit discovery process in cases involving the injury or death of a minor. Specifically, it mandates the Texas Supreme Court to create rules of civil procedure that would enable the issuance of pre-suit subpoenas. This mechanism is intended to help investigate claims and secure evidence before formal litigation begins. The bill indicates a legislative intent to streamline the process for parties who may be facing claims arising from serious circumstances affecting minors.
Contention
While the intent of HB 116 appears supportive of adding protections for minors and expediting the legal process, it may not be free from contention. Opponents may argue about the implications of the judicial discretion in determining which evidence should be released, emphasizing concerns about the potential for abuse in how subpoenas could be issued. Additionally, there may be apprehensions surrounding the balance between the need for evidence preservation and the rights of individuals or organizations being subpoenaed, particularly regarding privacy considerations.
Notable_points
The legislation is particularly notable for its specificity to minors, indicating a targeted approach to addressing the unique vulnerabilities children face within legal proceedings. Furthermore, its effective date set for September 1, 2017, suggests a timely enactment that could immediately influence ongoing and future litigation involving minors. The overall effectiveness and reception of these new procedures will likely warrant ongoing scrutiny as the legal community adapts to these changes.
Relating to the confidentiality of and discovery procedures relating to certain material regarding the protection or security of a witness; creating a criminal offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.
Relating to emancipation and extended foster care for certain older youth and young adults within the jurisdiction of court in a suit affecting the parent child relationship involving the Department of Family and Protective Services.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.
Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.