The Escalation Zone (Texas)
High-pressure moves get a governor, not a green light. In Texas two of the sharpest are gated by the law itself — shown here with the rule that governs each, so the record exists before the move does.
Net-worth discovery — the statutory gate
Tex. Civ. Prac. & Rem. Code § 41.0115
- No net-worth discovery without a court order ON MOTION — the statute is the gate, not a protective order fought after the fact.
- The movant must demonstrate a substantial likelihood of success on the merits of a claim for exemplary damages.
- If granted, discovery is limited to the LEAST BURDENSOME method available to obtain the net-worth evidence.
- The court may not consider net worth evidence obtained in violation of the section.
This is a STATUTORY escalation gate — the Escalation Zone's net-worth band cites § 41.0115 itself and never exports a net-worth instrument without the motion-and-finding record.
Rule 202 — the presuit deposition
Tex. R. Civ. P. 202
A verified petition, filed where venue of the anticipated suit may lie, asking leave to depose a person before suit — either to perpetuate testimony for an anticipated suit or to investigate a potential claim or suit.
- The petition must be verified and state the subject matter and the petitioner's interest (202.2).
- Service and a hearing: the court must find the deposition may prevent a failure or delay of justice (perpetuation) OR that the likely benefit outweighs the burden (investigation) — 202.4(a). The order is not rubber-stamped.
- The scope is what the order says (202.4(b)) — a 202 deposition is not open-ended merits discovery.
In the Escalation Zone, an investigative 202 petition scores as a high-pressure move: it compels testimony from someone not yet sued. The 10-element record applies before export.