Current through Register Vol. 54, No. 17, April 27, 2024
Rule 1532 - Special Relief. Perpetuation of Testimony(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.The provisions of this Rule 1532 adopted January 4, 1952, effective 7/1/1952; amended March 27, 1956, effective 7/1/1956; amended December 16, 2003, effective 7/1/2004, 34 Pa.B. 9.