Sec. 52-156a. Deposition to perpetuate testimony before action or pending appeal.
Sec. 52-156a. Deposition to perpetuate testimony before action or pending appeal. (a)(1) A person who desires to perpetuate testimony regarding any matter that
may be cognizable in the Superior Court may file a verified petition in the superior court
for the judicial district of the residence of any expected adverse party. The petition shall
be entitled in the name of the petitioner and shall show: (A) That the petitioner expects
to be a party to an action cognizable in the superior court but is presently unable to
bring it or cause it to be brought, (B) the subject matter of the expected action and the
petitioner's interest therein, (C) the facts which the petitioner desires to establish by the
proposed testimony and the reasons for desiring to perpetuate it, (D) the names or a
description of the persons the petitioner expects will be adverse parties and their addresses so far as known, and (E) the names and addresses of the persons to be examined
and the substance of the testimony which the petitioner expects to elicit from each, and
shall ask for an order authorizing the petitioner to take the depositions of the persons
to be examined named in the petition, for the purpose of perpetuating their testimony.
(2) The petitioner shall thereafter serve a notice upon each person named in the
petition as an expected adverse party, together with a copy of the petition, stating that
the petitioner will apply to the court, at a time and place named therein, for the order
described in the petition. At least twenty days before the date of hearing the notice shall
be served in the manner provided by section 52-57; but if such service cannot with due
diligence be made upon any expected adverse party named in the petition, the court may
make such order as is just for service by publication or otherwise, and shall appoint, for
persons not served in the manner provided by section 52-57, an attorney who shall
represent them, and, in case they are not otherwise represented, shall cross-examine the
deponent.
(3) If the court is satisfied that the perpetuation of the testimony may prevent a
failure or delay of justice, it shall make an order designating or describing the persons
whose depositions may be taken and specifying the subject matter of the examination
and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with this section; and the court
may make orders for the production of documents and things and the entry upon land
for inspection and other purposes, and for the physical or mental examination of persons.
For the purpose of applying this section to depositions for perpetuating testimony, each
reference in this section to the court in which the action is pending shall be deemed to
refer to the court in which the petition for such deposition was filed.
(4) If a deposition to perpetuate testimony is taken under this section, it may be
used in any action involving the same subject matter subsequently brought in the Superior Court.
(b) If an appeal has been taken from a judgment of the Superior Court or before the
taking of an appeal if the time therefor has not expired, the superior court in which the
judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the Appellate or Supreme
Court. In such case the party who desires to perpetuate the testimony may make a motion
in the Superior Court for leave to take the depositions, upon the same notice and service
thereof as if the action was pending in the Superior Court. The motion shall show (1)
the names and addresses of persons to be examined and the substance of the testimony
which the party expects to elicit from each; and (2) the reasons for perpetuating their
testimony. If the court finds that the perpetuation of the testimony is proper to avoid a
failure or delay of justice, it may make an order allowing the depositions to be taken
and may make orders for the production of documents and things and the entry upon
land for inspection and other purposes, and for the physical or mental examination of
persons, and thereupon the depositions may be taken and used in the same manner and
under the same conditions as are prescribed in this section for depositions taken in
actions pending in the Superior Court.
(P.A. 91-324, S. 14.)
Cited. 229 C. 716. Cited. 230 C. 1. Standards for issuance of equitable bills of discovery, and types of bills of discovery,
discussed. 261 C. 673.