1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
27 |
28 |
29 |
30 |
31 |
32 |
33 |
34 |
35 |
36 |
37 |
38 |
39 |
40 |
41 |
42 |
43 |
44 |
45 |
46 |
47 |
48 |
49 |
50 |
51 |
52 |
53 |
54 |
55 |
56 |
57 |
58 |
59 |
60 |
61 |
62 |
63 |
64 |
65 |
66 |
67 |
68 |
69 |
70 |
71 |
72 |
73 |
74 |
75 |
76 |
77 |
78 |
79 |
80 |
81 |
82 |
83 |
84 |
85 |
86 |
NRCP Rule 27
RULE 27. DEPOSITIONS BEFORE ACTION
OR PENDING APPEAL
(a) Before Action.
(1) Petition. A person who desires to
perpetuate his own testimony or that of another person regarding any matter
that may be cognizable in any court of the State may file a verified petition
in a district court. The petition shall be entitled in the name of the
petitioner and shall show: 1, that the petitioner expects to be a party to an
action cognizable in a court of the State but is presently unable to bring it
or cause it to be brought, 2, the subject matter of the expected action and his
interest therein, 3, the facts which he desires to establish by the proposed
testimony and his reasons for desiring to perpetuate it, 4, the names or a
description of the persons he expects will be adverse parties and their
addresses so far as known, and 5, the names and addresses of the persons to be
examined and the substance of the testimony which he expects to elicit from
each, and shall ask for an order authorizing the petitioner to take the
depositions of the persons to be examined named in the petition, for the purpose
of perpetuating their testimony.
(2) Notice and Service. The petitioner shall
thereafter serve a notice upon each person named in the petition as an expected
adverse party, together with a copy of the petition, stating that the
petitioner will apply to the court, at a time and place named therein, for the
order described in the petition. At least 20 days before the date of hearing
the notice shall be served in the manner provided in Rule 4 for service of
summons. If any expected adverse party is a minor or incompetent the provisions
of Rule 17(c) apply.
(3) Order and Examination. If the court is
satisfied that the perpetuation of the testimony may prevent a failure or delay
of justice, it shall make an order designating or describing the persons whose
depositions may be taken and specifying the subject matter of the examination
and whether the depositions shall be taken upon oral examination or written
interrogatories. The depositions may then be taken in accordance with these
rules; and the court may make orders of the character provided for by Rules 34
and 35. For the purpose of applying these rules to depositions for perpetuating
testimony, each reference therein to the court in which the action is pending
shall be deemed to refer to the court in which the petition for such deposition
was filed.
(4) Use of Deposition. If a deposition to
perpetuate testimony is taken under these rules it may be used in any action
involving the same subject matter subsequently brought in a district court, in
accordance with the provisions of Rule 32(a).
(b) Pending Appeal. If an appeal has been taken
from a judgment of a district court or before the taking of an appeal if the
time therefor has not expired, the district court in which the judgment was
rendered may allow the taking of the depositions of witnesses to perpetuate
their testimony for use in the event of further proceedings in the district
court. In such case the party who desires to perpetuate the testimony may make
a motion in the district court for leave to take the depositions, upon the same
notice and service thereof as if the action was pending in the district court.
The motion shall show (1) the names and addresses of persons to be examined and
the substance of the testimony which he expects to elicit from each; (2) the
reasons for perpetuating their testimony. If the court finds that the
perpetuation of the testimony is proper to avoid a failure or delay of justice,
it may make an order allowing the depositions to be taken and may make orders
of the character provided for by Rules 34 and 35, and thereupon the depositions
may be taken and used in the same manner and under the same conditions as are
prescribed in these rules for depositions taken in actions pending in the
district court.
(c) Reserved.
--------------------------------------------------------------------------------------------------------
*** Any rule can change at any time - This rule may have been amended ***
Index | Home
