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Subject: Rule 57 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Interrogatories and Depositions Publication / Adopted Date:March 29, 1974
Topic:Depositions Before Action or Pending AppealRevised / Effective Date:January 1, 1994

57.02. Depositions Before Action or Pending Appeal

(b) Pending Appeal. If an appeal has been taken from a judgment of a circuit court or before the taking of an appeal if the time therefor has not expired, the 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 circuit court. In such case, the party who desires to perpetuate the testimony may make a motion in the circuit court for leave to take the depositions, upon the same notice and service thereof as if the action were pending in that court. The motion shall show (1) the names and addresses of persons to be examined and the substance of the testimony expected to be elicited from each and (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 deposition to be taken and may make orders of the character provided for in Rule 58.01 and Rule 60.01, a
nd 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 that court.

(c) Perpetuation by Action. This Rule does not limit the power of a court to entertain an action to perpetuate testimony.

(Adopted March 29, 1974, eff. Jan. 1, 1975. Amended Sept. 28, 1993, eff. Jan. 1, 1994.)