Utah Petition to Perpetuate Testimony when No Action Pending

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US-02472BG
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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.

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FAQ

Each party must attach to the Financial Declaration the following: (1) For every item and amount listed in the Financial Declaration, excluding monthly expenses, copies of statements verifying the amounts listed on the Financial Declaration that are reasonably available to the party.

A party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security, unless a stay is otherwise prohibited by law or these rules.

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.

Rule 26(a)(1). Not all information will be known at the outset of a case. If discovery is serving its proper purpose, additional witnesses, documents, and other information will be identified. The scope and the level of detail required in the initial Rule 26(a)(1) disclosures should be viewed in light of this reality.

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. The usual method of perpetuating testimony is through a deposition.

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.

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.

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.

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Utah Petition to Perpetuate Testimony when No Action Pending