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.
District of Columbia 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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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.
Federal Rule of Civil Procedure 27 provides that a verified petition may be filed to request depositions before an action is filed in district court.
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.
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.
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.
At a perpetuation deposition the questioning is conducted in a manner similar to that of a witness at trial. All objections must be made on the record and not during trial. The taking attorney will conduct direct-examination, followed by cross-examination and then re-direct.
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.