Rule 27.Depositions Pending Appeal.

This rule addresses one moment: the gap around an appeal. If an appeal has been taken from a judgment of this court, or the time to appeal has not yet expired, the court may allow depositions that perpetuate a witness's testimony for use if the case comes back for further proceedings here. The rule speaks to that situation and no other.

The party who wants the testimony preserved moves in this court for leave, on the same notice and service as if the action were still pending here. Subdivisions (a) and (b) fix what the motion must show: the names and addresses of the people to be examined, the substance of the testimony expected from each of them, and the reasons for perpetuating that testimony. Vague reasons leave the court nothing to act on.

The standard is whether perpetuating the testimony is proper to avoid failure or delay of justice. If the court so finds, it may order the depositions and may also make orders of the character allowed by Rules 34 and 35, which reach documents, things, land and physical, mental or blood examinations. Depositions taken under this rule are then taken and used in the same manner and under the same conditions as depositions in a pending case, so the rest of the deposition rules still apply to them.