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.
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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Depositions are an enormously useful and important resource and typically the most effective way for parties to obtain information necessary for trial. Illinois rules provide for two types of depositions: discovery depositions and evidence depositions. See Ill.
Federal Rule 27, titled Depositions to Perpetuate Testimony permits the preservation of testimony, physical evidence, and documents that are not likely to be available at a later time.
Under California law, a party may use for any purpose the deposition of a deponent who resides more than 150 miles from the place of the trial or other hearing. (CCP § 2025.620(c)(1).) This can even include a deposition given by a party or party-affiliated deponent.
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
The procedure permitted by federal and state 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. The usual method of perpetuating testimony is by taking a deposition.
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