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.
New York Petition to Perpetuate Testimony when No Action Pending
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The notice shall be in writing, stating the time and place for taking the deposition, the name and address of each person to be examined, if known, and, if any name is not known, a general description sufficient to identify him or the particular class or group to which he belongs.
Rule 30 governs depositions in federal court. Unlike in state court, where the Code of Civil Procedure provides timing requirements, a deposition notice in federal court need only give ?reasonable written notice.? (Rule 30(b)(1).) ?Reasonable? notice depends on the facts of a particular case and of a particular notice.
New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 3106. Priority of depositions; witnesses; prisoners; designation of deponent. (a) Normal priority. After an action is commenced, any party may take the testimony of any person by deposition upon oral or written questions.
Before an action is commenced, deposition (or other discovery) may be obtained by court order to preserve information or aid in bringing an action. See CPLR 3102(c). A. Defendant normally has priority to take the first deposition.
CPLR §3106-3117 contains the rules. II. CPLR § 3106: any party may serve a notice to take a deposition after the responsive pleadings, effectively giving the defendant the first opportunity to serve a notice. This provision is not as critical now that Preliminary Conferences routinely set deposition schedules.
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.
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.
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.