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 chancery 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 chancery court may issue orders like those authorized by Rules 34 and 35. (4) Using the Deposition. A deposition to perpetuate testimony may be used under Rule 32(a) in any later-filed chancery 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 chancery 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 chancery 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 chancery 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) Chancery Court Order. If the chancery court finds that perpetuating the testimony may prevent a failure or delay of justice, the chancery 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 chancery court action. (c) Perpetuation by an Action. This rule does not limit a chancery court’s power to entertain an action to perpetuate testimony. History: Adopted September 21, 2021, effective De- cember 1, 2021.