In Re Jorden

A Texas statute limits discovery in health-care lawsuits until the plaintiff serves an expert report summarizing how each defendant violated standards of care and caused the plaintiff injury. The issue here is whether that statute applies to presuit depositions authorized by Rule 202 of the Texas Rules of Civil Procedure. Because the statute prohibits “all discovery” other than three exceptions — and Rule 202 depositions are not listed among them — we hold the statute prohibits such depositions until after an expert report is served.

I. Background & Jurisdiction

According to the petition filed…