Masinga v. Whittington

OPINION

SPEARS, Justice.

This mandamus proceeding involves a pretrial discovery order permitting a deposition to be taken only by stenographic recording and not by videotape recording. We conclude that the trial judge abused his discretion in so ordering and conditionally grant the writ of mandamus.

In an attempt to prevent the videotaping of his deposition, Nadim Nasir, Jr., M.D., a defendant in the underlying suit, sought a protective order based solely on the following unverified objection:

Dr. Nasir objects strenuously to the videotaping of his oral deposition for the reason that the presence…