Group V: Disclosures and Discovery · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 27 lets someone who cannot yet file suit, or who already has a case on appeal, ask a Nevada court for permission to depose a witness now so that testimony is not lost before it can be used.
(1)Petition. A person who wants to perpetuate testimony—including his or her own—about any matter cognizable in any court within the United States may file a verified petition in district court. The petition must ask for an order authorizing the petitioner to depose the named persons in order to perpetuate their testimony. The petition must be titled in the petitioner’s name and must show:
(A)that the petitioner expects to be a party to an action cognizable in a court within the United States but cannot presently bring it or cause it to be brought;
(B)the subject matter of the expected action and the petitioner’s interest;
(C)the facts that the petitioner wants to establish by the proposed testimony and the reasons to perpetuate it;
(D)the names or a description of the persons whom the petitioner expects to be adverse parties and their addresses, so far as known; and
(E)the name, address, and expected substance of the testimony of each deponent.
(2)Notice and Service. At least 21 days before the hearing date, the petitioner must serve each expected adverse party with a copy of the petition and a notice stating the time and place of the hearing. The notice may be served either inside or outside the state, or service may be waived, in the manner provided in Rule 4, 4.1, 4.2, 4.3, or 4.4. The court must appoint an attorney to represent any expected adverse party who was not served in the manner provided in Rule 4.2, 4.3, or 4.4(a) or (b), did not waive or admit service, and did not appear at the hearing, and to cross-examine the deponent if an expected adverse party is not otherwise represented. If any expected adverse party is a minor or is incapacitated, Rule 17(c) applies.
(3)Order and Examination. If satisfied that perpetuating the testimony may prevent a failure or delay of justice, the court must issue an order that designates or describes the persons whose depositions may be taken, specifies the subject matter of the examinations, and states whether the depositions will be taken orally or by written interrogatories. The depositions may then be taken under these rules, and the court may issue orders like those authorized by Rules 34 and 35. A reference in these rules to the court where an action is pending means, for purposes of this rule, the court where the petition for the deposition was filed.
(4)Using the Deposition. A deposition to perpetuate testimony may be used in Nevada under Rule 32(a) in any later-filed action involving the same subject matter if the deposition either was taken under these rules or, although not so taken, would be admissible under Nevada law of evidence.
(1)In General. The court where a judgment has been rendered may, if an appeal has been taken or may still be taken, permit a party to depose witnesses to perpetuate their testimony for use in the event of further proceedings in that court.
(2)Motion. The party who wants to perpetuate testimony may move for leave to take the depositions, on the same notice and service as if the action were pending in the district court. The motion must show:
(A)the name, address, and expected substance of the testimony of each deponent; and
(B)the reasons for perpetuating the testimony.
(3)Court Order. If the court finds that perpetuating the testimony may prevent a failure or delay of justice, the court may permit the depositions to be taken and may issue orders like those authorized by Rules 34 and 35. The depositions may be taken and used as any other deposition taken in a pending action.
Drafter’s Note, Amendment Effective January 1, 2005: The amendments to subdivision (a)(1) are technical. Subdivision (a)(2) is amended to conform to the federal rule, as adopted in 1937, by adding language that allows the court to order service by publication or other means and to appoint an attorney if necessary for an “expected adverse party” to preserve that party’s right to confrontation. Subdivision (a)(3) is amended to provide that the court shall set the compensation for an attorney appointed to represent an expected adverse party under subdivision (a)(2) and that the compensation so set must be paid by the petitioner before the appointed attorney appears at the examination. There is no similar provision in the federal rule, but the language is taken from a local rule for the District Court for the Northern District of Illinois. Subdivision (a)(4) is amended to conform to the federal rule by adding language that allows broader use of testimony perpetuated that would otherwise be admissible. Subdivision (c) is retained as a reserved provision rather than adopting subdivision (c) of the federal rule, which addresses independent actions to perpetuate testimony.
Rule 27 solves a timing problem: what happens when a witness's testimony might disappear before a lawsuit is even possible? A person who expects to be part of a future case but cannot yet bring it can file a verified petition asking the district court for permission to depose named witnesses. The petition has to spell out why the case cannot be filed yet, what the expected dispute is about, what facts the petitioner hopes to establish through the testimony, who the likely opposing parties are, and who the witnesses are and what they are expected to say. Every expected adverse party gets at least 21 days' notice before the hearing, and if someone cannot be found or served, the court appoints a lawyer to stand in for that person and cross-examine the witness. The court only grants the petition if it is satisfied that taking the deposition now will prevent a failure or delay of justice later, and once that happens the deposition proceeds like any other and can be used in whatever later lawsuit gets filed on the same subject.
The second half of the rule covers a case that already went to judgment. If an appeal has been or might still be taken, a party worried that a witness will not be around for further proceedings can ask the court that entered judgment for leave to preserve that testimony. The motion has to identify the witnesses, describe what they are expected to say, and explain why preserving the testimony now matters. If the court agrees that skipping ahead will prevent a failure or delay of justice, the deposition goes forward and can be used exactly like a deposition taken in any other pending case.
Frequently Asked Questions
Why would someone use Rule 27 instead of just filing a lawsuit?
Rule 27 is for the person who is not yet in a position to sue but is worried that a witness's testimony will be lost before the case can be brought. It lets that person lock in the testimony now, rather than risk losing it while waiting to become able to file.
What has to be in a petition to perpetuate testimony?
It must be verified and explain why the petitioner cannot yet bring the expected action, describe the subject matter of that action and the petitioner's interest in it, state the facts the petitioner hopes to establish and why preserving them now matters, and identify the expected adverse parties and the witnesses to be deposed.
How much notice do expected adverse parties get before the hearing?
At least 21 days. Notice can be served inside or outside Nevada, and if an expected adverse party cannot be reached, the court appoints an attorney to represent that person's interests and cross-examine the witness at the deposition.
Can Rule 27 be used just to explore whether a claim exists?
No. It is limited to preserving testimony that might otherwise be lost before a case can be filed, not to investigating whether grounds for a lawsuit exist in the first place. Once an action is filed, the ordinary discovery rules take over.
Does Rule 27 apply once a case has already gone to judgment?
Yes. If an appeal has been taken or may still be taken, a party can move in the court that entered judgment for leave to depose a witness to preserve testimony for use if the case comes back for further proceedings.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as:perpetuate testimony nevadapre-suit deposition nevadapetition to perpetuate testimonydeposition before lawsuit filed nevadapreserve testimony pending appeal nevada