In Re Deere & Co., 299 S.W.3d 819 (Tex. 2009). · Go Syfert
In Re Deere & Co., 299 S.W.3d 819 (Tex. 2009). Cases Citing This Book View Copy Cite
127 citation events (127 in the last 25 years) across 2 distinct courts.
Strongest positive: in Re Texan Millwork (tex, 2021-10-01)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) in Re Texan Millwork
Tex. · 2021 · quote attribution · 1 verbatim quote · confidence high
an order that compels overly broad discovery is an abuse of discretion for which mandamus is the proper remedy.
cited Cited as authority (rule) In Re: Longview Medical Center, L.P. D/B/A Longview Regional Medical Center v. the State of Texas
Tex. App. · 2024 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding).
discussed Cited as authority (rule) In RE RICHARDSON MOTORSPORTS, LTD. v. the State of Texas
Tex. · 2024 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009). “[A]n overbroad discovery request is, in essence, one that seeks irrelevant information.” In re UPS 11 Whether any information produced will be admissible at trial is a separate question on which we express no opinion.
discussed Cited as authority (rule) In Re Richard Scherer v. the State of Texas
Tex. App. · 2024 · confidence medium
Likewise, “an order that compels overly broad discovery is an abuse of discretion for which mandamus is the proper remedy.” In re UPS Ground Freight, Inc., 646 S.W.3d 828 , 831 (Tex. 2022) (quoting In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009)).
discussed Cited as authority (rule) In Re Cirrus Design Corporation D/B/A Cirrus Aircraft v. the State of Texas
Tex. App. · 2023 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam); Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995) (per curiam); see In re Shipman, 540 S.W.3d 562, 565 (Tex. 2018) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re: James Alan Barnes
Tex. App. · 2022 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re: Smith & Nephew Orthopaedics Ltd. and Smith & Nephew PLC
Tex. App. · 2022 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam) (citing In re Prudential Ins.
discussed Cited as authority (rule) in Re UPS Ground Freight, Inc.
Tex. · 2022 · confidence medium
Although the scope of discovery is generally within the trial court’s discretion, “an order that compels overly broad discovery is an abuse of discretion for which mandamus is the proper remedy.” In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009).
cited Cited as authority (rule) in Re: Meadowbrook Baptist Church
Tex. App. · 2022 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re: Seidler Oil & Gas Development, Inc. and Chamberlain Resources, LLC
Tex. App. · 2022 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding).
cited Cited as authority (rule) in Re: Terri Cooley
Tex. App. · 2022 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re J. Kyle Bass
Tex. App. · 2021 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re C & J Energy Services, Inc. (2×) also: Cited "see, e.g."
Tex. App. · 2021 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam); Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995) (per curiam); see In re Shipman, 540 S.W.3d 562, 565 (Tex. 2018) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re Benchmark Filing & Shelving Systems, Inc. and William Morris
Tex. App. · 2021 · confidence medium
Co., 507 S.W.3d 219, 223 (Tex. 2016) (orig. proceeding) (per curiam); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam); In re Weekley Homes, L.P., 295 S.W.3d 309, 322 (Tex. 2009) (orig. proceeding).
cited Cited as authority (rule) in Re Daimler Trucks North America LLC
Tex. App. · 2020 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding).
cited Cited as authority (rule) in Re: Pioneer Natural Resources USA, Inc.
Tex. App. · 2020 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re Luis Fernando Flores (2×) also: Cited "see, e.g."
Tex. App. · 2020 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam); Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995) (per curiam).
cited Cited as authority (rule) in Re: Thermigen, LLC
Tex. App. · 2020 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re: Hyundai Motor Company and Hyundai Motor America (2×) also: Cited "see"
Tex. App. · 2020 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding).
cited Cited as authority (rule) in Re: Eagleridge Operating, LLC
Tex. App. · 2020 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re Great Lakes Insurance SE
Tex. App. · 2019 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam); Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995) (per curiam); see In re Shipman, 540 S.W.3d 562, 565 (Tex. 2018) (orig. proceeding) (per curiam).
examined Cited as authority (rule) in Re Bilfinger Westcon, Inc. (4×) also: Cited "see, e.g."
Tex. App. · 2019 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam); Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995) (per curiam); see In re Shipman, 540 S.W.3d 562, 565 (Tex. 2018) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re: Peter Swart
Tex. App. · 2019 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re: Western Dairy Transport, L.L.C. and Jorge Hernandez
Tex. App. · 2019 · confidence medium
In re Deere & Company, 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding); In re AIU Insurance, 148 S.W.3d at 117 .
discussed Cited as authority (rule) in Re Sun Coast Resources, Inc.
Tex. App. · 2018 · confidence medium
Co., 507 S.W.3d at 225 (“[w]hile plaintiffs are entitled to discover evidence of defendants’ safety policies and practices as they relate to the 11 circumstances involved in their allegations, a request for all documents authored by [the corporate safety director] on the subject of safety, without limitation as to time, place or subject matter, is overbroad.”); In re Deere & Co., 299 S.W.3d 819, 821 (Tex. 2009) (orig. proceeding) (per curiam) (trial court properly narrowed discovery from “any model backhoe” as stated in the request for production, to only those products with handles …
cited Cited as authority (rule) in Re: Toyota Motor Sales, U.S.A., Inc., and Toyota Motor Corporation
Tex. App. · 2018 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re Catherine Tower LLC
Tex. App. · 2018 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding) (per curiam) (citing In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam); Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995) (per curiam)). 10 In re National Lloyds Ins.
examined Cited as authority (rule) in Re Oyedemi & Associates, P.C. (3×) also: Cited "see"
Tex. App. · 2018 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (2009) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re: Elevacity, LLC and Robert Oblon
Tex. App. · 2018 · confidence medium
In re Odyssey Healthcare, Inc., 310 S.W.3d 419, 422 (Tex. 2010) (orig. proceeding); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding); In re Prudential Ins.
discussed Cited as authority (rule) in Re: Enterprise Crude Oil, LLC
Tex. App. · 2018 · signal: cf. · confidence medium
Cf. In re Deere & Co., 299 S.W.3d 819, 821 (Tex. 2009) (orig. proceeding) (inadequate remedy shown in products liability case where reviewing court found discovery ordered as to 30 product lines was overbroad and could require production of documents “going back decades”); In re Weekly Homes, L.P., 295 S.W.3d 309, 323 (Tex. 2009) (orig. proceeding) (citing Walker, and finding remedy by appeal would be inadequate because burden of producing employees’ computer hard drives far outweighed benefit of discovery). {1789105;} 28 A. NONE OF MAGELLAN’S REQUESTS TO ENTERPRISE ARE OVERBROAD Enter…
discussed Cited as authority (rule) in Re National Lloyds Insurance Company
Tex. · 2016 · confidence medium
“A discovery order that compels production beyond the rules of procedure is an abuse of discretion for which mandamus is the proper remedy.” In re Nat’l Lloyds, 449 S.W.3d at 488 (citing In re Deere & Co., 299 S.W.3d 819, 820 (Tex.2009) (orig. proceeding) (per curiam)).
discussed Cited as authority (rule) in Re Navistar, Inc. (2×) also: Cited "see, e.g."
Tex. App. · 2016 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex.2014) (orig. proceeding); In re Deere & Co., 299 S.W.3d 819, 820 (Tex.2009) (orig. proceeding) (per curiam); Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex.1995) (per curiam).
discussed Cited as authority (rule) Pablo Rion Y Asociados, S.A. De C v. v. David Dauajare and Gabriela Martinez De Dauajare
Tex. App. · 2016 · confidence medium
See, e.g., In re Conner, 458 S.W.3d 532, 534 (Tex.2015) (orig.proceeding) (per curiam) (managing .the docket); El Apple I, Ltd. v. Olivas, 370 S.W.3d 757, 761 (Tex.2012) (awarding attorney’s fees); In re Deere & Co., 299 S.W.3d 819, 820 (Tex.2009) (orig.proceeding) (per curiam) (determining the scope of discovery); In re Columbia Med.
cited Cited as authority (rule) in Re Interinsurance Exchange of the Automobile Club
Tex. App. · 2016 · confidence medium
In re Nat’l Lloyds Ins., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding) (per curiam) (citing In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam)).
cited Cited as authority (rule) in Re: Michelin North America, Inc.
Tex. App. · 2015 · confidence medium
Id.; Jn re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009).
cited Cited as authority (rule) in Re: Gearbox Software LLC
Tex. App. · 2015 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (per curiam).
discussed Cited as authority (rule) in Re State Farm Lloyds
Tex. App. · 2015 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding) (per curiam); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (per curiam); In re Weekley Homes, L.P., 295 S.W.3d 309, 322 (Tex. 2009) (orig. proceeding); In re Am.
cited Cited as authority (rule) in Re Benevis, LLC, Dentistry of Brownsville, P.C., and Kool Smiles, P.C.
Tex. App. · 2015 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding) (per curiam); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re Benevis, LLC, Dentistry of Brownsville, P.C., and Kool Smiles, P.C.
Tex. App. · 2015 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding) (per curiam); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re National Lloyds Insurance Company, Wardlaw Claims Service, Inc. and Ideal Adjusting, Inc.
Tex. App. · 2015 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding) (per curiam); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding) (per curiam); In re Weekley Homes, L.P., 295 S.W.3d 309, 322 (Tex. 2009) (orig. proceeding); In re Am.
discussed Cited as authority (rule) in Re H.E.B. Grocery Company, L.P.
Tex. App. · 2015 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding) (per curiam); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (per curiam); In re Weekley Homes, L.P., 295 S.W.3d 309, 322 (Tex.2009) (orig. proceeding); In re Am.
discussed Cited as authority (rule) in Re National Lloyds Insurance Company
Tex. App. · 2015 · confidence medium
Co., 449 S.W.3d 486, 488 (Tex. 2014) (orig. proceeding) (per curiam); In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (per curiam); In re Weekley Homes, L.P., 295 S.W.3d 309, 322 (Tex. 2009) (orig. proceeding); In re Am.
cited Cited as authority (rule) in Re: VERP Investment, LLC
Tex. App. · 2015 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex.2009) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re Ramin Siroosian, Chiropractic Doctors Clinic and Tina Yeshigeta (2×)
Tex. App. · 2014 · confidence medium
Co., 2014 WL 5785871 , at *1–2 (citing In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding); Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995) (orig. proceeding)).
discussed Cited as authority (rule) in Re National Lloyds Insurance Company (2×) also: Cited "see"
Tex. · 2014 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex.2009) (per curiam); Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex.1995) (per curiam).
discussed Cited as authority (rule) in Re: Fisher & Paykel Appliances, Inc.
Tex. App. · 2014 · confidence medium
“Whether discovery is overly broad in products liability cases depends on whether the order covers products relevant to the case and is reasonable in its scope.” In re Deere & Co., 299 S.W.3d 819, 820 (Tex.2009).
cited Cited as authority (rule) in Re Caterpillar Inc.
Tex. App. · 2013 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex. 2009).
cited Cited as authority (rule) in the Estate of Manuel Arizola
Tex. App. · 2013 · confidence medium
In re Deere & Co., 299 S.W.3d 819, 820 (Tex.2009).
discussed Cited as authority (rule) In Re WASTE MANAGEMENT OF TEXAS, INC. (2×) also: Cited "see, e.g."
Tex. App. · 2013 · confidence medium
The trial court did not abuse its discretion. 13 *871 (2) Waste Management Has Not Shoim that the Order Is Overbroad According to Waste Management, the order requires production of data outside the relevant geographic area and is thus an overbroad “fishing expedition.” “An order that compels overly broad discovery is an abuse of discretion for which mandamus is the proper remedy.” In re Deere & Co., 299 S.W.3d 819, 820 (Tex.2009) (orig. proceeding).
examined Cited as authority (rule) in Re W.W. Collins, Jr. (3×)
Tex. App. · 2013 · confidence medium
In re Deere & Co. , 299 S.W.3d 819, 820 (Tex. 2009) (orig. proceeding).
Retrieving the full opinion text from the archive…
In Re DEERE & COMPANY D/B/A John Deere Company and John Deere Construction & Forestry Company, Relators
08-1076.
Texas Supreme Court.
Dec 18, 2009.
299 S.W.3d 819
2009 Tex. LEXIS 1122
2009 WL 4877773
Richard A. Sayles, Eve L. Henson, Mark D. Strachan, Joel Lawrence Israel, Sayles Werbner, PC, Dallas, for relators. Clay Lewis Jenkins, Stephen Lee Daniel, Jeremy Smith Cleverly, Jenkins Jenkins, P.C., Waxahachie, John R. MacLean, MacLean Boulware, Cleburne, and Kirk L. Pittard, F. Leighton Durham III, Durham Pittard, LLP, Dallas, for real party in interest. Page 820 Andrew Nathan Soule, Hermes Sargent Bates, LLP, Dallas, for Texas Mutual Insurance Company.
Per Curiam.
Cited by 80 opinions  |  Published
PER CURIAM.

In this discovery dispute, we consider whether a trial court’s order compelling production of documents was overly broad. Because the order neglected to limit discovery to a reasonable time period, we find that it was. Accordingly, we conditionally grant the relator’s petition for writ of mandamus and direct the trial court to vacate that part of the order.

Arturo Martinez suffered severe injuries when he fell under a John Deere 410D backhoe loader. Allegedly, the step on which Martinez was standing failed, breaking off under his weight while the backhoe was moving. In the ensuing suit, Martinez alleged several legal theories, including products liability. Martinez served requests for production on Deere, including a request seeking “all [non-governmental] documents of customer complaints received by [Deere] relative to the sidestep on any model backhoe.” Deere objected to the request as overly broad, and Martinez moved to compel production. The trial court conducted a hearing, and the parties agreed to limit production to documents relating to models with similar handles and step assemblies, and only going back approximately 12 to 15 years (when production began on the 410D). [1] At the trial court’s request, Martinez then filed a proposed order. The proposed order included more than 30 product lines such as backhoes, tractors, and other loaders and did not include a time limit.

The trial court held an additional hearing to determine whether models in the proposed order in fact had handles and step assemblies sufficiently similar to the 410D. Deere presented no evidence to disprove such similarity. Martinez, on the other hand, explained that Martinez’s expert reported research in support of the relevant similarities on these models. After the hearing, Deere wrote to the trial court explaining that the 410D step assembly had been modified in 1996 (approximately 12 years earlier) along with a handful of other backhoe loader models, but provided no evidence in support. The trial court then entered Mai'tinez’s proposed order. The Tenth Court of Appeals denied relator’s petition for mandamus. 300 S.W.3d 1 (Tex.App.-Waco 2008).

Mandamus will issue if the relator establishes a clear abuse of discretion for which there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004). “Generally, the scope of discovery is within the trial court’s discretion, but the trial court must make an effort to impose reasonable discovery limits.” In re Graco Children’s Prods., Inc., 210 S.W.3d 598, 600 (Tex.2006) (per curiam) (internal quotations omitted). An order that compels overly broad discovery is an abuse of discretion for which mandamus is the proper remedy. Id. Whether discovery is overly broad in products liability cases depends on whether the order covers products relevant to the case and is reasonable in its scope. Id. at 601; see also Tex.R. Civ. P. 192.3 (discovery should be of information “reasonably calculated to lead to the discovery of admissible evidence”). “Discovery orders[*821] requiring production from an unreasonably long period ... are impermissibly over-broad.” In re CSX Corp., 124 S.W.3d 149, 152 (Tex.2003) (citing In re Am. Optical Corp., 988 S.W.2d 711, 713 (1998) (concluding that a discovery order was overly broad by requiring production of “virtually all documents regarding its products for a fifty-year period”)). The party objecting to discovery “must present any evidence necessary to support the objection.” Tex.R. Civ. P. 193.4(a).

Here, the trial court made a proper effort to narrow discovery from “any model backhoe,” as stated in the request for production, to only those products with handles and step assemblies similar to the allegedly defective 410D. Deere presented no evidence to meet its burden of supporting its objection, failing to show that any of the specific product lines lacked such assemblies. [2] Thus, it was not error for the trial court to permit discovery as to the list of product lines proposed by Martinez. See Tex.R. Civ. P. 193.4(a). However, the trial court’s order nevertheless exceeded the scope of permissible discovery by neglecting to set a reasonable time limit. See In re CSX, 124 S.W.3d at 152. Indeed, at the initial hearing, Martinez twice specifically requested production going back only 15 years. Because compliance with the trial court’s order could require Deere to produce documents going back decades, neglecting to include a reasonable time limit was an abuse of discretion. [3]

Therefore, without hearing oral argument, Tex. R. App. P. 52.8(c), we conditionally grant Deere’s petition for writ of mandamus and direct the trial court to vacate that part of its December 5, 2008 order that compels Deere to produce documents relating to lawsuits or complaints about the models Martinez identified as potentially relevant without setting a reasonable time limit. We trust that the trial court will comply, and the writ will issue only if it fails to do so.

1

. Regarding the inclusion of handles in addition to steps, Deere conceded: "The step that a person would actually step on to get onto the tractor, to mount the tractor, and any hand device he would hold to assist in either getting on or off the tractor, you know, we could probably do that without a lot of burdensome [sic] to do that. That probably would be acceptable.”

2

. We note that while Deere has presented such evidence to us in an affidavit, the trial court had no such evidence before it.

3

. We offer no opinion as to whether an order limiting production to documents going back 12 or 15 years would have been reasonable under the circumstances.