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Rule 1.722 – Application before action

May 13, 2021 | Civil Procedure, Iowa

An application to take depositions to perpetuate testimony for use in an action not yet pending shall be filed in the court where the prospective action might be brought. The application shall be captioned in the name of the applicant, be supported by affidavit, and show all of the following:

1. 722(1) That the applicant expects to be a party to an action cognizable in some court of record of Iowa, but which cannot currently be brought.
1. 722(2) The subject matter of such action, and the applicant’s interest therein.
1. 722(3) The facts to be shown by the proposed testimony, and reasons for desiring to perpetuate it.
1. 722(4) The name or description of each expected adverse party, with address if known.
1. 722(5) The name and address of each deponent and the substance of the deponent’s testimony.

Iowa. R. Civ. P. 1.722

Report 1943; October 31,1997, effective January 24, 1998; November 9,2001, effective February 15,2002.