Rule 27(c) of the Federal Rules of Civil Procedure permits pre-litigation discovery to perpetuate testimony. Most states base their Rules of Civil Procedure on the Federal Rules in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alabama Petition to Perpetuate Testimony when No Action Pending
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How to fill out Petition To Perpetuate Testimony When No Action Pending?
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27 permits pre-action discovery to ?perpetuate testimony regarding [a] matter that may be cognizable,? many federal courts have interpreted the phrase ?perpetuate testimony? to mean that Rule 27 may only be used to ?preserve testimony which could otherwise be lost,? rather than as a ?substitute for discovery.? Ash v.
Rule 27(e) has been added to aid a party in obtaining expedited relief from an appellate court for an emergency (i.e., extraordinary circumstances in which waiting for the normal timing of the appellate process will be inadequate for some reason).
Perpetuating testimony is the procedure permitted by both federal and California discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used. The usual method of perpetuating testimony is through a deposition.
A person who desires to perpetuate testimony regarding any matter that may be cognizable in any court of the United States may file a verified petition in the United States district court in the district of the residence of any expected adverse party.
The court where a judgment has been rendered may, if an appeal has been taken or may still be taken, permit a party to depose witnesses to perpetuate their testimony for use in the event of further proceedings in that court.
Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.
Proving an Official Record. A party may prove an official record, an entry in such a record, or the lack of a record or entry in the same manner as in a civil action.
Rule 37(a) provides recourse for compulsion of discovery and applies to all discovery devices. Generally comparable provisions existed in Tit. 7, § 474(17), Code of Ala. Rule 37(a)(1) states which court is the appropriate court for determination of problems arising in discovery.