Texas Senate Bill SB182

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 SB182 could significantly impact civil practice related to negligence claims involving minors. By allowing earlier access to subpoenas, the bill would enable claimants to gather critical evidence that might otherwise deteriorate or become unavailable over time. This measure is designed to enhance the ability of claimants to substantiate their cases before filing, which could lead to more informed decisions regarding litigation and settlements.

Summary

Senate Bill 182 addresses the procedural aspects of pre-suit discovery in cases involving injuries or death of minors. Specifically, the bill mandates that the Texas Supreme Court creates rules for issuing pre-suit subpoenas aimed at gathering evidence relevant to such claims. This is particularly significant as it allows potential plaintiffs to investigate and solidify their cases before officially filing a lawsuit, thereby facilitating better preparation and potentially streamlining the litigation process related to personal injury claims involving minors.

Contention

Notable points of contention may arise around the balance between the rights of claimants to gather evidence and the rights of defendants to protect sensitive information. The stipulation that evidence be submitted under seal for the court's review could lead to disputes over what constitutes relevant evidence and when it should be released. Additionally, concerns may be raised regarding the potential for abuse of the pre-suit subpoena process and the financial burden it could impose on defendants, particularly in cases where subpoenas are issued without sufficient grounds.