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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.
A circuit judge may act alone on any motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals may provide by rule or by order in a particular case that only the court may act on any motion or class of motions. The court may review the action of a single judge.
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.
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. (A) Grounds and Relief Sought. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it.
If you are appealing a DC Superior Court decision or order, you must file a Notice of Appeal (NOA, for short) in Superior Court. Exceptions: If your decision or order was made by a magistrate judge, you must ask a DC Superior Court Associate Judge to review it before you start your appeal in the Court of Appeals.
For records on appeal with EROA pagination, parties may cite to specific lines within a transcript contained in the record on appeal in the following manner: a. In single record EROA cases. ?ROA" followed by a period, followed by the page number, followed by a colon, followed by the line number(s.)
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.
Parties are directed to use the ROA citation format in Fifth Circuit Rule 28.2. 2 that includes the case number followed by a page number, in the format "YY-NNNNN. ###." In single record cases, the party will use the shorthand "ROA. ###" to identify the page of the record referenced.