Perpetuating Testimony Law and Legal Definition
Perpetuating testimony means preserving the testimony of witness, which might otherwise be lost before the trial in which it is intended to be used. Reasons for perpetuating testimony include: The witness is aged, the witness is ill, or the witness is preparing to leave the country for a lengthy or indefinite period of time. The person's evidence, if recorded, is then used in the future to prevent a possible injustice or to support a future claim of property. The usual method of perpetuating testimony is by taking a deposition.
The following is an example of a state statute ( Minnesota) on Perpetuating testimony:
27.01 BEFORE ACTION
(a) Petition. A person who desires to perpetuate testimony regarding any matter may file a verified petition in the district court of the county of the residence of an expected adverse party. The petition shall be entitled in the name of the petitioner and shall show
(1) that the petitioner expects to be a party to an action but is presently unable to bring it or cause it to be brought;
(2) the subject matter of the expected action and the petitioner's interest therein;
(3) the facts which the petitioner desires to establish by the proposed testimony and the reasons for desiring to perpetuate it;
(4) the names or a description of the persons the petitioner expects will be adverse parties and their addresses so far as known; and
(5) the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each. [Minn. R. Civ. P. 27.01]
