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Texas Supreme Court constricts discovery's reach.

Publication: Trial
Publication Date: 01-MAR-04
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Just what "possession, custody, or control" means has been given a new twist by a Texas Supreme Court decision regarding discovery.

The court ruled that a party's "mere access" to documents requested "does not constitute 'physical possession' of the documents under the definition of 'possession, custody, or control.'" (In re Kuntz, No. 02-0375, 2003 WL 22999366 (Tex. Dec. 19, 2003).)

Although the case arose out of a divorce, this decision "will have consequences on discovery in all cases, because it's the first time the Texas Supreme Court has put some parameters around what it means to have possession of a document for purposes...

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