Call Now For a Free Consultation 208-552-0467

Idaho Civil Rule 27: Depositions to Perpetuate TestimonyDuring a car accident case, dog bite case, or other civil cases, a lawyer will try to find out what the other party knows through a deposition. These depositions to perpetuate testimony are governed by Idaho Civil Rule 27. Depositions are when an attorney asks either a member of the other side, a witness, or an expert a series of questions. Depositions are usually part of the discovery process described in Rule 26 and generally take place before the trial. Depositions are just another way that an attorney can gather more facts and evidence to support their case.

Importantly, depositions are done under oath and if someone lies during one, they could be subject to perjury.

Idaho Civil Rule 27: Depositions to Perpetuate Testimony

  1. Before an action is filed.
    • A person who wants to perpetuate testimony about any matter cognizable in any court in the state of Idaho may file a verified petition in the district court for the district where any expected adverse party resides. The petition must ask for an order authorizing the petitioner to depose the named persons in order to perpetuate their testimony. The petition must be titled in the petitioner’s name and must show:
      1. that the petitioner expects to be a party to an action cognizable in a court of the state of Idaho but cannot presently bring it or cause it to be brought;
      2. the subject matter of the expected action and the petitioner’s interest;
      3. the facts that the petitioner wants to establish by the proposed testimony and the reasons to perpetuate it;
      4. the names or a description of the persons whom the petitioner expects to be adverse parties and their addresses, so far as known; and
      5. the name, address, and expected substance of the testimony of each deponent.
    • Notice and service; Appointment of attorney. At least 21 days before the hearing date, the petitioner must serve each expected adverse party with a copy of the petition and a notice stating the time and place of the hearing. The notice may be served either inside or outside the county or state in the manner provided in Rule 4. If that service cannot be made with reasonable diligence on an expected adverse party, the court may order service by publication or otherwise. The court must appoint an attorney to represent persons not served in the manner provided in Rule 4 and to cross-examine the deponent if an unserved person is not otherwise represented. If any expected adverse party is a minor or is incompetent, Rule 17(c) applies.
    • Order and examination. If satisfied that perpetuating the testimony may prevent a failure or delay of justice, the court must issue an order that designates or describes the persons whose depositions may be taken, specifies the subject matter of the examinations, and states whether the depositions will be taken orally or by written interrogatories. The depositions may then be taken under these rules, and the court may issue orders like those authorized by Rules 34 and 35. A reference in these rules to the court where an action is pending means, for purposes of this rule, the court where the petition for the deposition was filed.
    • Using the deposition. A deposition to perpetuate testimony may be used under Rule 32(a) in any later-filed district-court action involving the same subject matter if the deposition either was taken under these rules or, although not so taken, would be admissible in evidence in the courts of the state where it was taken.
  2. Pending appeal.
    • In general. The court where a judgment has been rendered may if an appeal has been taken or may still be taken, permit a party to depose witnesses to perpetuate their testimony for use in the event of further proceedings in that court.
    • The party who wants to perpetuate testimony may move for leave to take the depositions, on the same notice and service as if the action were pending in the district court. The motion must show:
      1. the name, address, and expected substance of the testimony of each deponent; and
      2. the reasons for perpetuating the testimony.
    • Court order. If the court finds that perpetuating the testimony may prevent a failure or delay of justice, the court may permit the depositions to be taken and may issue orders like those authorized by Rules 34 and 35. The depositions may be taken and used as any other deposition taken in a pending district-court action.
  3. Perpetuation by an action. This rule does not limit a court’s power to entertain an action to perpetuate testimony.

Aggressive, Experienced and Trusted Personal Injury Lawyer in Idaho Falls or Pocatello

If you’ve been injured in a car accident, dog bite injury, semi truck accident, motorcycle accident or any other personal injury, contact the aggressive, experienced and trusted personal injury lawyers at Brent Gordon Law Firm in Idaho Falls or Pocatello. Our law firm believes every client deserves fair representation against big insurance companies with deep pockets. Call now for a free consultation at (208) 232-7274.

 

 

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

 

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274

Gordon Law Pocatello

Brent Gordon Law