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

FUNDSXPRESS FINANCIAL
NETWORK, INC.
Plaintiff,

v.

DIGITAL INSIGHT	
CORPORATION, ET AL.,
Defendants.

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, moves the Court to
quash the Notices of Deposition Upon Written Questions served herein
upon the following fifteen (15) deponents:

   Valley Federal Credit Union of Montana
   University Credit Union
   Sun Community Bankcorp
   Norway Savings Bank
   Marine Bank of the Florida Keys
   Oakland Commerce Bank
   Gateway Community Bank
   McKay Dee Credit Union
   Pitney Bowes Employees Federal Credit Union
   Southern Illinois University Credit Union
   Associated Credit Union
   Anderson Bank Company
   Superior Community Credit Union
   South Pointe Bank
   Arrowhead Community Bank

The notices should be quashed because Plaintiff wholly failed to
comply with Rule 31 (a)(2)(A), Federal Rules of Civil Procedure, in
that the proposed depositions would result in more than ten (10)
depositions being taken under Rule 31 by the Plaintiff, thereby
necessitating leave of Court, which has not been requested, nor
granted.

II.

Further, Defendant is advised by counsel for Plaintiff that the written
questions have already been served upon at least some of the deponents,
notwithstanding that the time periods are such that Defendant is still
entitled to object to the questions submitted and serve
cross-questions under Rule 31. Under these circumstances, Defendant
has been improperly deprived of its right to submit cross-questions to
be propounded by the officer commissioned to take the responses and
prepare the record of the depositions on written questions, and hence
the Notice of Depositions Upon Written Questions should be quashed for
that reason.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Motion to
Quash Depositions Upon Written Questions be granted.


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 CONFERENCE

The undersigned counsel certifies that he contacted counsel for
Plaintiff, Ms. Nanneska Hazel, and communicated the substance of the
foregoing motion, but has been unable to reach an agreement prior to
the filing of this motion.

Barry K. Bishop

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