IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

FUNDSXPRESS FINANCIAL
NETWORK, INC.,
Plaintiff,

v.

DIGITAL INSIGHT
CORPORATION, ET AL.,
Defendants.

MEMORANDUM IN SUPPORT OF MOTION TO QUASH NOTICE OF DEPOSITION BY
WRITTEN QUESTIONS AND FOR PROTECTIVE ORDER

TO THE HONORABLE UNITED STATES DISTRICT COURT:

Digital Insight Corporation, Defendant herein, has filed its Motion to
Quash Notice of Deposition by Written Questions and for Protective
Order, and it seems clear that the provisions of Rule 31, Federal
Rules of Civil Procedure, requiring leave of Court and the mechanism
for serving cross-questions are mandatory and compelled by the
Rule. See Express One International, Inc. v. Sochata, 2001 WL 363073
(N.D. Tex.); Barrow v. Greenville Independent School District, 202
F.R.D.480 (N.D. Tex.2001). Plaintiff has failed to comply with the
provisions of the Federal Rules of Civil Procedure and the notices of
deposition should be quashed.


Respectfully submitted,

CLARK, THOMAS & WINTERS,
A Professional Corporation

By:
BARRY K. BISHOP
State Bar No. 02346000
P.O. Box 1148
Austin, Texas 78767-1148
(512) 472-8800
(512) 474-1129 fax

ATTORNEYS FOR DEFENDANT DIGITAL INSIGHT CORPORATION


CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing
document has been served on all counsel of record via ( )
hand-delivery, ( ) facsimile and/or (*) certified mail, return receipt
requested, on this 17th day of December, 2002:

R. James George, Jr.
Nanneska N. Hazel
George & Donaldson, L.L.P.
114 West 7th Street, Suite 1100
Austin,Texas 78701
(512) 499-0094 fax

Peter Nolan
G. Stewart Whitehead
Winstead Sechrest & Minick, P.C.
100 Congress Avenue, Suite 800
Austin, Texas 78701
(512) 370-2850 fax

Martha S. Dickie
Minton, Burton, Foster & Collins, P.C.
1100 Guadalupe Street
Austin, TX 78701-2198

A. Boone Almanza
Akin & Almanza
1717 West Sixth Street, Suite 230
Austin, TX 78703


Barry K. Bishop