Form 6E:18 Verified Petition to Perpetuate Testimony

IN THE UNITED STATES DISTRICT COURT FOR THE
{region, if any} DISTRICT OF {state}
{city or geographic designation, if any} DIVISION

IN RE {name of petitioner}, §
Petitioner. §
§
§ Civil Action No. ________
§
§
§

PETITIONER {NAME}'S VERIFIED

PETITION TO PERPETUATE TESTIMONY

Petitioner, {name}, asks the court for permission to take a deposition by {oral examination/written questions} to perpetuate the testimony of {names of deponents} for use in an anticipated suit, as authorized by Federal Rule of Civil Procedure 27.

A. Introduction

1. Petitioner is {identify type of entity, e.g., an individual, a corporation} that is {a citizen/organized under the laws} of the State of {state}.

2. The court has jurisdiction over this petition. {State basis of federal jurisdiction for anticipated suit}.

3. To prove the allegations in this petition, petitioner attaches an affidavit and incorporates it by reference.

B. Argument

4. On {date}, {describe time, place, and event that will be the basis of the anticipated suit}.

5. Petitioner anticipates that {he/she/it} will be a party to a lawsuit involving {state basis of anticipated suit}. {See O'Connor's Federal Rules, "Petition," ch. 6-E, §6.1.1(1), p. 428.}

6. Petitioner cannot bring the suit at this time because {explain}. {See O'Connor's Federal Rules, "Petition," ch. 6-E, §6.1.1(2), p. 428.}

7. Petitioner's interest in the anticipated suit is {state interest}. {See O'Connor's Federal Rules, "Petition," ch. 6-E, §6.1.1(3), p. 428.}

8. Petitioner has not brought or been a party to a suit that arises out of the facts that are the subject of this petition.

9. The following {persons/entities/persons and entities} may have an interest adverse to petitioner's in the anticipated suit: {list names, addresses, and telephone numbers}. {See O'Connor's Federal Rules, "Petition," ch. 6-E, §6.1.1(5), p. 428.}

C. Request to Depose

10. Petitioner asks the court to issue an order authorizing {him/her/it} to examine the following {persons/entities/persons and entities} by {oral/written} deposition: {list names, addresses, and telephone numbers of persons or entities to be deposed}.

11. Petitioner expects to elicit the following testimony from each witness: {identify each deponent by name and state the substance of the expected testimony}. {See O'Connor's Federal Rules, "Petition," ch. 6-E, §6.1.1(6), p. 428.}

12. Petitioner needs to perpetuate the testimony of these witnesses because {state facts that petitioner wants to establish by the testimony and the reasons for perpetuating the testimony}. {See O'Connor's Federal Rules, "Petition," ch. 6-E, §6.1.1(4), p. 428.}

{ADD PARAGRAPH 13 IF NECESSARY}

13. Petitioner asks the court to order the following {persons/entities/persons and entities} to produce discoverable information at the deposition: {identify each deponent by name; list documents,electronically stored information, or tangible things by individual item or category; and describe with reasonable particularity each item or category}.

D. Conclusion

14. {Briefly summarize the petitions.} For these reasons, petitioner asks the court to set this petition for hearing and, after the hearing, order the deposition of {names of deponents} {insert if applicable: and order the production of documents,electronically stored information, or tangible things listed in this petition}.