RULE 82. DEPOSITIONS BEFORE COMMENCEMENT OF CASE
- A person who desires to perpetuate testimony or to preserve
any document or thing regarding any matter that may be cognizable
in this Court may file an application with the Court to take a
deposition for such purpose. The application shall be entitled in
the name of the applicant, shall otherwise be in the same style and
form as apply to a motion filed with the Court, and shall show the
following: (1) The facts showing that the applicant expects to
be a party to a case cognizable in this Court but is at
present unable to bring it or cause it to be brought. (2) The
subject matter of the expected action and the applicant's
interest therein. (3) All matters required to be shown in an
application under paragraph (b)(1) of Rule
81 except item (H) thereof. Such an application will be entered
upon a special docket, and service thereof and pleading with
respect thereto will proceed subject to the requirements otherwise
applicable to a motion. A hearing on the application may be
required by the Court. If the Court is satisfied that the
perpetuation of the testimony or the preservation of the document
or thing may prevent a failure or delay of justice, then it will
make an order authorizing the deposition and including such other
terms and conditions as it may deem appropriate consistently with
these Rules. If the deposition is taken, and if thereafter the
expected case is commenced in this Court, then the deposition may
be used in that case subject to the Rules which would apply if the
deposition had been taken after commencement of the case.
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