IA · rules
Iowa R. Civ. P. 1.728
Perpetuating testimony pending appeal
During the time allowed for taking an appeal
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.
History
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Provenance
- Source
- www.legis.iowa.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
c7cb8be933f2e36a9ef92b9303a5f17adde12045892524aa5203b5bcfbdff94d
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