Sec. 36.108. STAY OF CERTAIN DISCOVERY. (a) On a showing by the state that certain actions of discovery by the person bringing the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period not to exceed 60 days.
(b) The court shall hear a motion to stay discovery under this section in camera.
(c) The court may extend the period prescribed by Subsection (a) on a further showing in camera that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and that any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle C - Assistance Programs
Chapter 36 - Medicaid Fraud Prevention
Subchapter C. Action by Private Persons
Section 36.101. Action by Private Person Authorized
Section 36.102. Initiation of Action; Consent Required for Dismissal
Section 36.1021. Standard of Proof
Section 36.103. Answer by Defendant
Section 36.104. State Decision; Continuation of Action
Section 36.105. Representation of State by Private Attorney
Section 36.106. Intervention by Other Parties Prohibited
Section 36.107. Rights of Parties if State Continues Action
Section 36.108. Stay of Certain Discovery
Section 36.109. Pursuit of Alternate Remedy by State
Section 36.110. Award to Private Plaintiff
Section 36.111. Reduction of Award
Section 36.112. Award to Defendant for Frivolous Action
Section 36.113. Certain Actions Barred
Section 36.114. State Not Liable for Certain Expenses
Section 36.115. Retaliation Against Person Prohibited