LR 27 - Depositions: Before Action or Pending Appeal

(See Fed. R. Civ. P. 27)

LR 27-1 Before Action Filed (See Fed. R. Civ. P. 27(a))

  1. A party seeking to perpetuate testimony must file a verified petition and proposed order with the Clerk's Office.
  2. Upon payment of the required filing fee, the Clerk's Office will open a miscellaneous case and refer the petition and proposed order to the duty magistrate judge for calendaring and disposition.

LR 27-2 Pending Appeal (See Fed. R. Civ. P. 27(b))

Unless otherwise requested by a party, a motion to perpetuate testimony pending an appeal will be processed as a discovery motion pursuant to LR 26-3.

LR 27-3 Relationship to LR 30

The requirements of LR 30 apply to depositions conducted under LR 27.

Amendment History to LR 27
December 1, 2009
Generally Cross-references updated.
LR 27-1 Former LR 27.1(b) deleted as a rule without a rule and subsections (1)(a) and (b) renumbered.
March 1, 2012
LR 27-2 The phrase "motions to perpetuate testimony" has been changed to "a motion to perpetuate testimony."
March 1, 2014
LR 27-1(a), (b) Replaced "clerk's office" with "Clerk's Office."