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.
Ohio Petition to Perpetuate Testimony when No Action Pending
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57. The procedure for obtaining a declaratory judgment pursuant to Chapter 2721 of the Revised Code shall be in ance with these rules. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate.
The procedure employed to assure that proof will be available for possible use at a later trial. The police, for example, can deposit a murder weapon with the court, prior to the day set for trial of the accused, for purposes of perpetuation of evidence.
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.
27. A court of appeals may remand its final decrees, judgments, or orders, in cases brought before it on appeal, to the court or agency below for specific or general execution thereof, or to the court below for further proceedings therein. A certified copy of the judgment shall constitute the mandate.
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.