(a) Before Action. (1) Petition. A person who desires to perpetuate his own testimony or that of another person regarding any matter that is or may be cognizable in any court or proceeding may file a verified petition in the court of the county in which the action or proceeding might be brought or had or in which one or more of the persons to be examined reside. The petition shall be entitled in the name of the petitioner as petitioner and against all other expected parties or interested persons, including unknown owners, as respondents and shall show: (i) the facts which he desires to establish by the proposed testimony and his reasons for de siring to perpetuate it, (ii) the names or a description of the persons interested or whom he expects will be adverse parties and their addresses so far as known, and (iii) the names and addresses of the persons to be examined, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony. (2) Notice and Service. The petitioner shall serve upon each person named or described in the petition as respondent a copy of the petition, together with a notice stating that the petitioner will apply to the court, at a time and place designated in the notice, for the order described in the petition. Unless a shorter period is fixed by the court, the notice shall be served either within or without the State at least 21 days before the date of hearing, in the manner provided for service of summons. If service cannot with due diligence be made upon any respondent named or described in the petition, the court may by order provide for service by publication or otherwise. For persons not personally served and not otherwise represented, the court shall appoint an attorney who shall represent them and cross-examine the deponent. If any respondent is a minor or a person under legal disability or not yet in being, a guardian ad litem shall be appointed to represent his interests. The fees and costs of a court-appointed attorney or guardian ad litem shall be borne by the petitioner. (3) Order and Examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken, specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination (including by remote electronic means) or written questions, and fixing the time, place, and conditions of the examination.
Rule 217.Depositions for the Purpose of Perpetuating Testimony
Article II. Rules on Civil Proceedings in the Trial Court · Part E. Discovery, Requests for Admission, and Pretrial Procedure · Last amended 2021 · Last verified July 20, 2026
In one sentenceRule 217 lets someone lock in testimony before a lawsuit even exists, or preserve it during an appeal, when there's a real risk the testimony would otherwise be lost.
Full Text of Ill. S. Ct. R. 217
(b) Pending Appeal. If an appeal has been taken from the judgment of a trial court, or before
the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may on motion and for good cause shown allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in that court.
Plain-English Summary
Before filing suit, a person who fears losing access to important testimony can petition the court where the future case might be brought, naming expected adverse parties and describing the facts to be established. Notice goes to everyone named, and the court appoints a lawyer for anyone who can't be found and a guardian ad litem for a minor or a person under a legal disability, with the petitioner covering those costs.
A court only grants the petition if perpetuating the testimony would prevent a failure or delay of justice, and its order pins down who gets deposed, on what subjects, and by what method, oral or written questions, including remote formats.
A second track covers testimony at risk during an appeal: the trial court that entered judgment can, for good cause, allow depositions to preserve testimony for use if the case comes back for further proceedings.
Frequently Asked Questions
Can testimony be taken before a lawsuit is filed?
Yes, under Rule 217(a), by verified petition showing the facts to be established and the risk that the testimony would otherwise be unavailable later.
What must the petition include?
The facts the petitioner wants to establish, the reasons for perpetuating them, and the names and addresses of the people to be examined and the expected adverse parties.
Who pays for a court-appointed attorney or guardian ad litem in this process?
The petitioner bears those fees and costs.
What standard must a court apply before allowing this kind of deposition?
It must be satisfied that perpetuating the testimony may prevent a failure or delay of justice.
Can testimony be preserved while a case is on appeal?
Yes, the trial court can allow depositions for good cause to preserve testimony for use if the case returns for further proceedings.
Committee Comments
This rule is derived from former Rule 21. The language is substantially unchanged except that, in keeping with the committee’s general policy, subparagraph (a)(2) requires notice to be given at least 21 days before the date of the hearing, as opposed to 20 days under former Rule 21(1)(b), and that subparagraph (a)(2) adds the requirement that petitioner pay the expenses of a court- appointed attorney or guardian ad litem.
Amendment History
Amended May 28, 1982, effective July 1, 1982; amended Sept. 29, 2021, eff. Oct. 1, 2021.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as: perpetuate testimonypre-suit depositiondeposition before lawsuitpreserve testimony pending appeal