Texas House Bill HB116

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

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.