Rule 27. Deposition Before Action or Pending Appeal
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.
The petition shall ask for an order authorizing the petitioner to take the deposition of those persons
to be examined as named in the petition, for the purpose of perpetuating their testimony.
(b) Notice and Service. The petitioner shall thereafter serve a notice upon each person named
in the petition as an expected adverse party, together with a copy of the petition, stating that the
petitioner will apply to the court, at a time and place named therein, for the order described in the
petition. At least 21 days before the date of hearing, the notice shall be served either within or
outside the state in the manner provided in Rule 4.03 for service of summons; but if such service
cannot with due diligence be made upon any expected adverse party named in the petition, the court
may make such order as is just for service by publication or otherwise, and shall appoint, for persons
not served in the manner provided in Rule 4.03, an attorney who shall represent them, and, in case
they are not otherwise represented, shall cross-examine the deponent. If any expected adverse party
is a minor or incompetent, the provisions of Rule 17.02 apply.
(c) Order and Examination. If the court is satisfied that the perpetuation of testimony may
prevent a failure or delay of justice, it shall make an order designating and describing the persons
whose depositions may be taken and specifying the subject matter of the examination and whether
the depositions shall be taken upon oral examination or written interrogatories. The deposition may
then be taken in accordance with these rules and the court may make orders authorized by Rules
34 and 35. For the purpose of applying these rules to depositions for perpetuating testimony, each
reference therein 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.
(d) Use of Deposition. If a deposition to perpetuate testimony is taken pursuant to these rules
or if, although not so taken, it would be admissible in evidence in the courts of the state in which
it is taken, it may be used in any action involving the same subject matter subsequently brought in
this state, in accordance with the provisions of Rule 32.01.
(Amended January 1, 2020.)
Advisory Committee Comment - 2019 Amendments
Rule 27.01(b) is amended as part of the extensive amendments made to the timing provisions
of the rules. These amendments implement the adoption of a standard "day" for counting deadlines
MINNESOTA COURT RULES
CIVIL PROCEDURE
1
Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1.
