Rule 27.Depositions to Perpetuate Testimony

Group V: Disclosures and Discovery · Last amended 2017 · Last verified July 14, 2026

In one sentenceRule 27 lets someone who expects to become a D.C. Superior Court party — or a party whose case is on appeal — ask the court for permission to depose a witness now, so testimony that might otherwise be lost survives until the case can be filed or the appeal resolved.

Full Text of Rule 27

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

(a) BEFORE AN ACTION IS FILED.

(1) Petition. A person who wants to perpetuate testimony about any matter cognizable in this court may file a verified petition in this court, in an appropriate state court in the place where any expected adverse party resides, or in the United States district court in the district where any expected adverse party resides. 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 this court but cannot presently bring it or cause it to be brought;

(B) the subject matter of the expected action and the petitioner's interest;

(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 district or state in the manner provided in Rule 4. If that service cannot be made with reasonable diligence on an expected adverse party, the court may order service by publication or otherwise. The court must appoint an attorney to represent persons not served in the manner provided by Rule 4 and to cross-examine the deponent if an unserved person is not otherwise represented. If any expected adverse party is a minor or is incompetent, 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 this court means, for the 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 under Rule 32(a) in any later-filed action in this court involving the same subject matter if the deposition either was taken under these rules or, although not so taken, would be admissible in evidence in the courts of the state where it was taken.

(b) PENDING APPEAL.

(1) In General. The court after rendering judgment 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 the 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 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 court action.

End

Comments

2017 Amendments:

This rule is identical to Federal Rule of Civil Procedure 27, as amended in 2007 and 2009, except that court designations have been modified throughout the rule. This rule is not an attempt to confer jurisdiction on a state court or a United States district court but allows a petition to be heard in that court when permitted.

Comment:

Identical to Federal Rule of Civil Procedure 27 except for changes in court designations in sections (a)(1), (a)(3), (a)(4), and (b) to reflect applicability to this Court.

Plain-English Summary

Rule 27(a) covers testimony a person needs to preserve before a lawsuit even exists. Someone who expects to be a party to a case in D.C. Superior Court, but cannot yet bring it, may file a verified petition asking the court to authorize depositions of named witnesses. The petition has to show why the action cannot yet be brought, the subject matter and the petitioner's interest in it, the facts the petitioner wants to establish and why preserving them matters, and the names and addresses of the expected adverse parties and the witnesses to be deposed. The petitioner must serve every expected adverse party at least 21 days before the hearing, and if a party cannot be found with reasonable diligence, the court can order service by publication and must appoint an attorney to represent that person and cross-examine the witness. The court will only authorize the depositions if it is satisfied that doing so may prevent a failure or delay of justice, and a deposition taken this way can later be used under Rule 32(a) in the actual case once it is filed, so long as that case involves the same subject matter.

Rule 27(b) addresses the opposite situation: a case has already gone to judgment, an appeal is pending or still possible, and a party wants to lock in a witness's testimony in case there are further proceedings. The party moves for leave to take the depositions, using the same notice and service procedures as if the case were still active, and the motion must identify each witness and explain why the testimony needs preserving. As in the pre-suit setting, the court grants leave only on finding that perpetuating the testimony may prevent a failure or delay of justice; once granted, the depositions proceed and can be used like any other deposition taken in the case.

Rule 27(c) makes clear this rule is not the only route available — it does not cut off a court's independent power to hear an action brought specifically to perpetuate testimony.

Frequently Asked Questions

Can I depose a witness before I've even filed my lawsuit?

Yes, if you expect to be a party to an action but cannot yet bring it. Rule 27(a) lets you file a verified petition asking the court to authorize depositions of named witnesses to preserve their testimony for the eventual case.

What does the petition to perpetuate testimony have to include?

It must show that you expect to be a party to an action you cannot presently bring, the subject matter and your interest in it, the facts you want to establish and why preserving them matters, and the names, addresses, and expected testimony of the witnesses and expected adverse parties.

How much notice do I have to give before the hearing on my petition?

At least 21 days. Rule 27(a)(2) requires the petitioner to serve each expected adverse party with the petition and a notice of the hearing date at least 21 days beforehand.

What happens if I can't find or serve an expected adverse party?

The court may order service by publication or another method, and it must appoint an attorney to represent that unserved person and to cross-examine the deponent on their behalf, unless the person is otherwise represented.

Can I preserve testimony while my case is on appeal?

Yes. Rule 27(b) lets a party move for leave to depose witnesses after judgment, while an appeal is pending or still possible, using the same notice and service requirements as a pending action, so the testimony is available for any further proceedings.

Source & verification. Rule text and official Comments are reproduced verbatim from the District of Columbia Superior Court Rules of Civil Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026. · Official source

Also known as: dc depositions to perpetuate testimonydc rule 27 pre-suit depositionpreserve testimony before lawsuit filed dcdc deposition pending appeal rule