Sec. 52-156. Preservation of the testimony of a witness.
Sec. 52-156. Preservation of the testimony of a witness. (a) Any person who
desires to preserve the testimony of any witness, concerning any matter which is or may
be the subject of a civil action, may present a petition in writing to any judge of the
Superior Court, setting forth the reasons for his application, the name of the witness,
the subject matter of the controversy and the names of all persons interested therein and
praying that the deposition of the witness may be taken. Upon presentation of the petition,
the judge shall appoint a time and place for the respondents to appear before him and
show cause why the prayer of the petition should not be granted, and order such notice
thereof to the parties, whether resident in this state or not, as he thinks reasonable. If,
at the time appointed, he finds that the notice ordered has been given, he shall further
direct, if no sufficient cause is shown to the contrary, that depositions shall be taken at
such times and places as he may prescribe, either by himself or by some other person
or persons whom he may appoint for that purpose, who shall receive therefor from the
petitioner three dollars a day.
(b) Depositions taken pursuant to this section shall be sealed and directed to the
clerk of the superior court for the judicial district in which the petitioners or some of
them reside, or, if none of the petitioners resides within this state, to the clerk of the
superior court for the judicial district in which the respondents or some of them reside.
The clerk shall open and lodge the depositions on file, together with the petition and all
the proceedings thereon. Copies of depositions taken in the manner prescribed in this
section and certified by the clerk of the court shall be received in evidence in the cause
for which they were taken, and in all other causes in which the same subject matter is
in suit between the same parties, or between the heirs or personal representatives of the
persons who petitioned for the taking of the depositions and the other parties thereto.
(1949 Rev., S. 7879; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 75.)
History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section and inserted Subsec.
indicators.
Equity jurisdiction over such petitions. 5 C. 352. Powers of compensation commissioner to hold hearing to perpetuate
testimony. 132 C. 173. Cited. 157 C. 226. Cited. 211 C. 555. Cited. 229 C. 716. Cited. 230 C. 1.
Having by its cross-examination created testimony a party does not "own" that cross-examination so as to be able to
exclude its introduction into evidence solely on the basis of waiver. 1 CA 496. Cited. 41 CA 625.
In proper case statute can be invoked for the purpose of "discovery before suit". 24 CS 452. If purpose for taking
deposition would be defeated by delay, court may terminate stay of execution on appeal from such order. Id., 455. History
discussed. 25 CS 273. Procedure under this section for perpetuating the testimony of witnesses furnishes an extraordinary
remedy, to be confined to cases where there is a substantial risk that the testimony will be lost. Id., 274.