Real-party counsel told the court that the consent/assignment and settlement agreement contain unusual cooperation and affidavit terms that may affect damages and incentives, arguing those features make the dispute unsuitable for dismissal under Rule 91a without discovery.

At argument in No. 250463, the real party argued that outsourcing written deposition transcripts to third‑party transcription vendors can change motion practice and increase costs, while relator's counsel said recordings and rules mitigate practical harms.