Section 4.64 Depositions Before Action

• Library: Discovery 2015

The procedure to perpetuate testimony in an anticipated action is contained in Rule 57.02 and is substantially the same as that contained in Federal Rule of Civil Procedure 27.

Some significant interpretations of Federal Rule of Civil Procedure 27 include the following:

· The Rule requires that the person seeking to take the deposition expects to be a party to an action but is unable to bring it or cause it to be brought at that time. This requirement would be satisfied if a person anticipates bringing an action, but certain time prerequisites to its filing have not yet elapsed, Petition of Ernst, 2 F.R.D. 447 (S.D. Cal. 1942), and when a party anticipates being named as a defendant in a tort action, Martin v....