RULE 27. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

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Rule 27.04: Filing and Recording.

When a deposition to perpetuate testimony is taken under these rules, the deposition shall be promptly filed in the office of the clerk of the court in which the action is pending or if no action is pending in the office of the clerk of the court in which the petition was filed. A copy of the deposition may also be sent to the register of the county where the petition was filed, and the register shall spread the same at length upon the records of the register's office. [Added July 1, 1979.]

Advisory Commission Comments.

Rule 27.01(3) requires that the judge before granting the petition seeking to take depositions to perpetuate evidence must find that the perpetuation of testimony may prevent a failure or delay of justice. Rule 27.01(4) allows depositions to perpetuate testimony to be used under the same conditions as are other types of depositions under Rule 32.01.

Rule 27.02 permits depositions to perpetuate testimony to be taken pending an appeal, subject to the same conditions and requirements as for depositions taken before action.

Rule 27.04 requires that the depositions be filed with the clerk of the appropriate court, and allows them to be filed also with the register.

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