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.
Colorado Petition to Perpetuate Testimony when No Action Pending
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How to fill out Colorado Petition To Perpetuate Testimony When No Action Pending?
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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.
On motion for post-trial relief in an action tried without a jury, the court may, if a ground exists, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct entry of a new judgment.
Rule 58 - Entry of Judgment (a) Entry. Subject to the provisions of C.R.C.P. 54(b), upon a general or special verdict of a jury, or upon a decision by the court, the court shall promptly prepare, date, and sign a written judgment and the clerk shall enter it on the register of actions as provided in C.R.C.P. 79(a).
Rule 59(e) authorizes a motion to alter or amend a judgment. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.
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 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including ?mistake, inadvertence, surprise, or excusable neglect.? Fed.
Rule 27 - Motions (a) In General. (1) Application for Relief. An application for an order or other relief must be made by filing a motion, unless these rules prescribe another form. (2) Content and Service of Motion.
This rule specifically provides that "a motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts".
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Rule 27 - Depositions Before Action or Pending Appeal (a)Before Action (1)Petition; Order; Notice. A person who desires to perpetuate his own testimony or ... Cited by 3 — "Perpetuation of testimony that is not legally relevant to the [petitioner's] claims is unnecessary to 'prevent a failure or delay ofjustice.A reference in these rules to the court where an action is pending means, for purposes of this rule, the court where the petition for the deposition was filed. A party to a case shall file a notice identifying all cases pending in this or any other federal, state, or foreign jurisdiction that are related to the case. This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need. Please visit our site to learn more and request ... If the action is commenced by the service of a summons and complaint, the complaint must be filed within 14 days after service. If the complaint is not filed ... Jan 1, 2012 — If, pursuant to special order, a copy of the complaint is not served with the summons, or if the summons is served without the state, or by ... Process in Behalf of and Against Persons Not Parties ............................. 471. Rule 71-A. Condemnation of Property (No Colorado Rule). Rules 72 to ... (1) Petition. A person who desires to perpetuate testimony or to obtain discovery under Rule 34 or 35 regarding any matter that may be cognizable. Jul 1, 2023 — Rule 1.201. Real party in interest. Rule 1.202. Public bond. Rule 1.203. Partnerships. Rule 1.204. Foreign corporations. Rule 1.205.