Advisory Commission Comments to Rules 27.01-27.04

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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