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Rule 27 – Depositions before Action or Pending Appeal.

May 14, 2021 | Civil Procedure, Rhode Island

(a) Before Action. The perpetuation of testimony regarding any matter which may be cognizable in this court shall be in accordance with the statutes of this state.
(b) Pending Appeal. If an appeal has been taken from a judgment of this court or before the taking of an appeal if the time therefor has not expired, the court may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in this court. In such case the party who desires to perpetuate the testimony may make a motion in this court for leave to take the depositions, upon the same notice and service thereof as if the action was pending in this court. The motion shall show:

(1) The names and addresses of persons to be examined and the substance of the testimony which the party expects to elicit from each; and
(2) The reasons for perpetuating their testimony.

If the court finds that the perpetuation of the testimony is proper to avoid failure or delay of justice, the court 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 this court.

R.I. Super. Ct. R. Civ. P. 27