Alaska R. Civ. P. 27

(a) Before Action.

(1) Petition. A person who desires to perpetuate

testimony regarding any matter that may properly be the

subject of an action or proceeding in any court of the state,

may file a verified petition in the superior court. The petition

shall be entitled in the name of the petitioner and shall show:

(1) that the petitioner expects to be a party to an action in a

court of the state but is presently unable to bring it or cause it

to be brought, (2) the subject matter of the expected action and

the petitioner’s interest therein, (3) the facts which the

petitioner desires to establish by the proposed testimony and

the reasons for desiring to perpetuate it, (4) the names or

description of the persons the petitioner expects will be

adverse parties and their addresses so far as known, and (5) 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) Notice and Service. 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 20 days before the date of hearing the notice shall be

served either within or without the state in the manner

provided in Rule 4(d) for service of summons; 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 in

Rule 4(d), an attorney who shall represent them, and, in case

they are not otherwise represented, shall cross-examine the

deponent. The compensation of the attorney may be fixed by

the court and charged to the petitioner. If any expected adverse

party is a minor or incompetent the provisions of Rule 17(c)

apply. Upon a person other than an infant or an incompetent

person, the notice may also be served in the manner provided

by Civil Rule 4(h).

(3) Order and Examination. 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 deposition shall be taken upon oral examination or written

interrogatories. The depositions may then be taken in

accordance with these rules; and the court may make orders of

the character provided for by Rules 34 and 35. For the purpose

of applying these rules to depositions for perpetuating

testimony, each reference therein to the court in which the

action is pending shall be deemed to refer to the court in which

the petition for such decision was filed.

(4) Use of Deposition. If a deposition to perpetuate

testimony is taken under these rules or if, although not so

taken, it would be admissible in evidence in the courts of the

United States or of the state in which it is taken, it may be used

in any action involving the same subject matter subsequently

brought in a court of this state, in accordance with the

provisions of Rule 32(a).

(b) Pending Appeal and Review. The court in which a

judgment, order or decision has been rendered may allow the

taking of the depositions of witnesses to perpetuate their

testimony for use in the event of further proceedings in the

court, as follows:

(1) If an appeal has been taken from a judgment.

(2) If a petition for review of an order or decision of the

court has been filed with the supreme court.

(3) If before the taking of an appeal or filing a petition

for review, the time therefor has not expired.

In any case the party who desires to perpetuate the

testimony may make a motion in the court for leave to take the

depositions, upon the same notice and service thereof as if the

action was pending in the 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; (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 of

the character provided for by Rules 34 and 35, and thereupon

the depositions may be taken and used in the same manner and

under the same conditions as are prescribed in these rules for

depositions taken in actions pending in the court.