Rule 27 permits a deposition before an action is filed to perpetuate testimony that may otherwise be lost, on petition showing the expected testimony, why it may be lost, and why the action cannot presently be brought.
It also covers preservation pending appeal.
Alternative Names:
Deposition to Perpetuate Testimony, Rule 27 Deposition
Why it Matters?
The pre-suit application is narrow and requires explaining why the action cannot yet be filed, which limits its use. Within pending litigation the more common situation is a terminally ill plaintiff or an elderly witness, where preservation is arranged by agreement or expedited order rather than through Rule 27. Mesothelioma cases routinely proceed on expedited schedules for exactly this reason.
Frequently Confused with
Related terms
Frequently asked questions
When is Rule 27 used?
What is the common preservation scenario?
