Rule 27.Depositions to perpetuate testimony

Group V: Depositions and Discovery · Last amended March 1, 2017 · Last verified July 14, 2026

In one sentenceRule 27 lets a person preserve testimony through a deposition before a lawsuit is filed, or continue perpetuating testimony while an appeal is pending, when there is a risk the evidence would otherwise be lost.

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 any court of the state may file a verified petition in the district court for 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 a court of the state 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 20 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 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 in 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 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 under Rule 32(a) in any later-filed district court action 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 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 trial 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 district court action.

(c) Perpetuation by an Action. — This rule does not limit a court’s power to entertain an action to perpetuate testimony.

End

Amendment History

Added February 2, 2017, effective March 1, 2017.

Plain-English Summary

Sometimes evidence will not wait for a lawsuit to catch up to it. A witness might be elderly, ill, or planning to move far away long before anyone can file a case and start formal discovery. Rule 27 addresses that gap by letting a person file a verified petition asking the court for permission to depose named witnesses before any action begins. The petition has to explain why the case cannot yet be brought, describe the subject matter and the petitioner’s interest in it, spell out the facts the petitioner wants to preserve, and identify the expected adverse parties and witnesses. Those expected adverse parties get notice and a chance to appear and cross-examine, and if someone cannot be found, the court can appoint an attorney to represent their interests at the deposition.

The rule also covers the opposite end of a case: preserving testimony while a judgment is on appeal, in case the matter comes back for further proceedings. A party in that position can move for leave to depose witnesses using the same kind of notice required before the case began. In both settings, the court will authorize the deposition only if it finds that preserving the testimony now may prevent a failure or delay of justice later. Once taken, these depositions can be used in a later-filed case involving the same subject matter, just like a deposition taken in an ordinary pending action — and the rule leaves untouched a court’s separate power to entertain an ordinary action brought solely to perpetuate testimony.

Frequently Asked Questions

When would someone use Rule 27 before filing a lawsuit?

It applies when a person expects to be a party to a future case but cannot yet bring it, and worries that important testimony may become unavailable in the meantime — for example, an elderly or ill witness, or one about to leave the jurisdiction.

What must the petition include?

It must be verified and show that the petitioner expects to be party to a future action, describe the subject matter and the petitioner's interest, state the facts to be established and why preserving them matters, and identify the expected adverse parties and the deponents, including their names, addresses, and the expected substance of their testimony.

What happens if an expected adverse party cannot be located for notice?

The court can order service by publication or another method, and it must appoint an attorney to represent anyone who is not properly served and to cross-examine the deponent on that person's behalf.

Can a Rule 27 deposition be used in a later lawsuit?

Yes. A deposition taken to perpetuate testimony can be used in a later-filed action involving the same subject matter, so long as it was taken under these rules or would otherwise be admissible in the courts of the place where it was taken.

Does Rule 27 apply while a case is on appeal?

Yes. A party can move in the court that issued the judgment for leave to depose witnesses to preserve testimony for use if the case returns for further proceedings, using the same notice and service procedures that would apply before the action was filed.

Source & verification. Rule text and amendment history are reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the Supreme Court of Wyoming. Last verified July 14, 2026. · Official source

Also known as: perpetuate testimony before lawsuitdeposition before filing suitpreserve testimony pending appealpetition to take deposition earlyrule 27 deposition