Texas Appellate Court Rejects Forensic Inspection of Hard Drives Absent Tailored Request

In In re Art Harris [pdf], No. 01-09-00771-CV (Ct. App. Tx. Jul. 1, 2010), Judge Evelyn V. Keyes on behalf of the Court of Appeals of Texas, First Division, Houston, granted the petitioner’s  writ of mandamus holding the trial court abused its discretion in several respects including ordering the petitioner to turn over hard drives and other media for forensic examination when there was no pending discovery request and no allegation that the petitioner failed to produce relevant documents. The court also held the trial court erroneously and needlessly appointed a special master (Craig Ball) who was actually a paid consultant hired by the real party in interest.

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