Rule 88.Discovery and Venue
Last amended January 1, 1988 · Last verified June 28, 2026
Full Text of Rule 88
Plain-English Summary
Rule 88 separates discovery from the venue fight. A pending motion to transfer venue does not abate or otherwise affect discovery, and issuing process for witnesses or taking depositions does not waive the motion. Discovery products that bear on proper venue — deposition transcripts, admissions, interrogatory answers — may be considered by the court when they are attached to or incorporated in an affidavit of someone with knowledge.
Frequently Asked Questions
Does a venue motion stop discovery in Texas?
No. Under Rule 88, discovery is not abated by a pending motion to transfer venue, and taking discovery does not waive the motion.
Can depositions taken while a venue motion is pending be used later in Texas?
Yes. Under Rule 88, depositions taken while a motion to transfer venue is pending may be read into evidence in a later suit between the same parties on the same subject matter, the same as if they had been taken in that later suit.
How does a party put venue-related discovery before the court in Texas?
Rule 88 lets deposition transcripts, admissions, and interrogatory answers bearing on proper venue be considered when they are attached to, or incorporated into, an affidavit of a party, witness, or attorney who has knowledge of the discovery.