Rule 1532.Special Relief. Perpetuation of Testimony.

Adopted January 4, 1952 · Last amended December 16, 2003 · Last verified June 30, 2026

In one sentenceRule 1532 governs an action to perpetuate testimony, setting what the complaint must contain so testimony can be preserved for a contemplated future action.

Full Text of Rule 1532

Text sizeJump to: (a) (b) (c)

(a) In an action to perpetuate testimony the complaint shall set forth

(1) the names and addresses of all prospective parties to the contemplated action, but if the identity of the heirs or assigns of a named former owner or party in interest is unknown they may be described generally;

(2) the nature of the contemplated action, the plaintiff’s interest therein and the need for perpetuating the testimony of the person to be examined;

(3) the name and address of the person whose testimony is to be perpetuated and the substance of the testimony which plaintiff expects to elicit from each.

(b) In an action to perpetuate testimony, the testimony may be taken before the court or by depositions. The procedure for the taking of the testimony by depositions shall conform as nearly as practicable to the proceedings under the rules on depositions and discovery. The final order shall direct whether or not the testimony or a part thereof shall be perpetuated.

(c) Testimony which has been perpetuated may be used at a trial or hearing in accordance with the provisions applicable to depositions under Rule 4020. The testimony may be used by or against a person succeeding to the interest of the party to the action for the perpetuation of testimony to the same extent as though the successor had been a party and had been present at the taking of the testimony. The testimony, if otherwise admissible, may be used in any other county of the Commonwealth.

End

Plain-English Summary

Sometimes testimony needs to be preserved before a lawsuit can be brought — a witness is aging or leaving, for example. This rule governs the action to perpetuate that testimony. The complaint must name the prospective parties to the contemplated action (describing unknown heirs or assigns generally), explain the nature of the expected controversy, and show why the testimony must be preserved now.

Frequently Asked Questions

What is perpetuation of testimony?

Preserving a witness's testimony for use in a contemplated future action before it is lost.

What must the complaint set out?

The prospective parties, the nature of the contemplated action, and the reason the testimony must be perpetuated.

Amendment History

The provisions of this Rule 1532 adopted January 4, 1952, effective July 1, 1952; amended March 27, 1956, effective July 1, 1956; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial page (255267).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: perpetuate testimonypreserve testimonypre-action testimony