or 35 for use in the event of further proceedings in that court. In such

case the party who desires to perpetuate the testimony or obtain the discovery may make a motion therefor upon the same notice and service thereof as if the action was pending in that court. The motion shall show (1) the names and addresses of persons to be examined or from whom other discovery is sought and the substance of the testimony or other discovery which the party expects to elicit or obtain from each; (2) the reasons for perpetuating the testimony. If the court finds that the perpetuation of the testimony or other discovery is proper to avoid a failure or delay of justice, it may make an order as provided in paragraph (3) of subdivision (a) of this rule and thereupon discovery may be had and used in the same manner and under the same conditions as are prescribed in these rules for discovery in civil actions generally. (c) Recording in Registry of Deeds. Any deposition to perpetuate testimony taken before action or pending appeal together with the verified petition therefor and certificate of the officer before whom it was taken may, within 90 days after the taking, be recorded in the registry of deeds in the county where the land or any part of it lies, if the deposition relates to real estate; if not, in the county where the parties or any of them reside. (d) Perpetuation by Action. This rule does not limit the power of a court to entertain an action to perpetuate testimony.