§27.6 Analysis

• Jurisdiction: Washington

§27.6ANALYSIS

CR 27 authorizes the perpetuation of testimony before an action is commenced, after judgment but before an appeal has been taken, and after an appeal has been taken. The purpose of the rule is the same in each instance—to preserve testimony for use in future proceedings in superior court.

(1)Perpetuation before action

An order for perpetuation of testimony before an action is commenced must describe or designate the persons to be deposed, set forth the subj ect matter of the examination, and specify whether the examination is to be done by oral examination or written interrogatories. The court may order the production of documents and things, entry upon land for inspection and other purposes, and the physical and mental examination of persons in "the character provided for by rules 34 and 35 ...." CR 27(b). You may obtain an order under CR 27 allowing CR 34- and CR 35-type discovery without also having to take a deposition. Martin v. Reynolds Metals Corp., 297 F.2d 49, 55-56 (9th Cir. 1961).

Comment: Whether CR 34- and CR 35-type discovery obtained under CR 27 is limited to expected adverse parties is an open question in Washington, but the argument for such a limitation, especially as to CR 34-type discovery, is unlikely to be persuasive. CR 27 does not state that discovery is limited to expected adverse parties, CR

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