In re Doe

in which Justice GREEN, Justice WILLETT, Justice GUZMAN, and Justice BROWN joined.

Rule 202 of the Texas Rules of Civil Procedure allows “a proper court” to authorize a deposition to investigate a potential claim before suit is filed.1 In this original mandamus proceeding, relator argues that a proper court must have personal jurisdiction over the potential defendant, or if not, the rule violates due process guaranteed by the Fourteenth Amendment. We agree with the first argument and do not reach the second. Accordingly, we conditionally grant mandamus relief and direct the trial court to…