Rule 120a Texas Civil Procedure - Discovery Before Special Appearance

Rule 120a of the Texas Rules of Civil Procedure pertains to special appearances. The rule specifically states: The issuance of process for witnesses, the taking of depositions, the serving of requests for admissions, and the use of discovery processes, shall not constitute a waiver of such special appearance. TEX. R. CIV. P. 120a(1). Nothing in Rule 120a limits discovery to matters relating to the special appearance. The Texas Supreme Court seems to have interpreted the rule to allow discovery of facts only relevant to the special appearance issues. See Dawson-Austin, 968 S.W.2d at 323. In Dawson-Austin, the court stated, "Dawson- Austin was also entitled to seek a postponement of the special appearance hearing until she could complete discovery, as expressly permitted by Rule 120a, and she was entitled to ask for more time for discovery on her motion to quash, provided she did not attempt to take that discovery before the special appearance was decided." Id.