"Overly broad is the way that leadeth to mandamus."
At least that's how the Texas Supreme Court's version of Matthew 7:13 reads. In a per curiam opinion, the Court recently demonstrated its vigilance in policing overly-broad discovery orders. In this product liability case, the plaintiff sought all documents of consumer complaints regarding "the sidestep on any model backhoe." John Deere objected to the request as overly broad. The trial court narrowed the request to models with step assemblies similar to the allegedly defective model, but did not impose a reasonable time limit. The Court reaffirmed that discovery orders compelling production must set reasonable time limits and that "[a]n order that compels overly broad discovery is an abuse of discretion for which mandamus is the proper remedy." Accordingly, the Court granted the petition and vacated the trial court's discovery order to the extent it failed to set a reasonable time limit. The Court's opinion in In re Deere & Company can be found here.
