Perpetuating testimony pending appeal. During the time allowed for taking an appeal

Rules Of Civil Procedure

Rule: 1.728

Jurisdiction: IA

Bluebook Citation: Iowa R. Civ. P. 1.728

from judgment of a court of record or during the pendency of such appeal, that court may, on motion, allow testimony to be perpetuated for use in the event of further proceedings before it. The motion shall state the name and address of each proposed deponent, the substance of the deponent’s expected testimony, and the reason for perpetuating it. If the court finds such perpetuation is proper to avoid a failure or delay of justice, and the depositions are not sought for discovery, it may order them taken as in rules 1.725 and 1.726. When taken and filed as thus provided, they shall be used and treated as though they had been taken pending the trial of the action. [Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002] Rules 1.729 to 1.800 Reserved. DIVISION VIII CHANGE OF VENUE

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