In re Doe
444 S.W.3d 603
| Tex. | 2014Background
- Rule 202 allows pre-suit deposition to investigate potential claims; petition filed in Harris County to identify anonymous blogger 'the Trooper' hosting Reynolds’ blog; Trooper challenges with special appearance asserting no Texas personal jurisdiction; trial court ordered Google deposition to reveal identity; majority holds Rule 202 requires personal jurisdiction over anticipated defendant; decision conditioned on vacating discovery order; dissent argues no personal jurisdiction should be required for anonymous defendants
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must Rule 202 require personal jurisdiction over an anonymous anticipated defendant | Reynolds argues yes (defendant must be subject to Texas jurisdiction) | Trooper argues no such requirement; anonymity precludes minimum contacts analysis | Yes, personal jurisdiction required for pre-suit discovery |
| Does proper court under Rule 202 require subject-matter and personal jurisdiction over anticipated action | Reynolds contends court in Harris County is proper | Trooper contends lack of jurisdiction defeats proper court | Trial court exceeded authority without personal jurisdiction over Trooper |
| Does due process permit pre-suit discovery from anonymous internet speaker | Anonymous speech should not bar redress for defamation | Premature jurisdictional analysis undermines due process protections | Court did not reach due-process issue; declined to decide constitutional question given jurisdiction ruling |
Key Cases Cited
- Hanson v. Denckla, 250 U.S. 586 (U.S. 1920) (jurisdictional due process principles for nonresidents)
- International Shoe Co. v. Washington, 326 U.S. 310 (U.S. 1945) (minimum contacts standard for personal jurisdiction)
- Pennoyer v. Neff, 95 U.S. 714 (U.S. 1878) (early jurisdictional framework precedents)
- Walden v. Fiore, 134 S. Ct. 1115 (U.S. 2014) (due process requires defendant’s own affiliations with the forum)
- Kelly v. General Interior Constr., Inc., 301 S.W.3d 653 (Tex. 2010) (plaintiff bears burden to plead minimum contacts for long-arm)
- In re Does 1 & 2, 337 S.W.3d 862 (Tex. 2011) (Rule 202 findings required before identity disclosure)