SUMMARY

RULE 24

SUMMARY OF
RULE 24

DEPOSITIONS BEFORE ACTION OR PENDING

APPEAL
SECTION 1

DEPOSITIONS BEFORE ACTION; PETITION

A party seeking to perpetuate testimony must file a

verified petition.
SECTION 2

CONTENTS OF PETITION
SECTION 3
NOTICE AND SERVICE

The petitioner shall serve a notice upon each person

named in the petition as an expected adverse party.
SECTION 4

ORDER AND EXAMINATION

SECTION 5

REFERENCE TO COURT

Each reference to the court in which the action is pending

shall be deemed to refer to the court in which the petition for
such deposition was filed.
SECTION 6

USE OF DEPOSITION
SECTION 7

DEPOSITIONS PENDING APPEAL

If an appeal has been taken from a judgment of
a court, including the Court of Appeals in proper
cases, 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 depositions of witnesses to perpetuate their
testimony for use in the event further
proceedings in the said court.
THE MOTION SHALL STATE:
(a) the names and addresses of the persons to be examined
and the substance of the testimony which he expects to
elicit from each; and
(b) the reason for perpetuating their testimony.