Wash. Super. Ct. Civ. R. 27

(a) Perpetuation Before Action.

(1) Petition. A person who desires to perpetuate one’s own testimony or that of another

person regarding any matter that may be cognizable in any superior court may file a verified

petition in the superior court in the county 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 a 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) 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 in

the manner provided by law 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 personally in the manner provided by law, an attorney who shall represent them and, in

case they are not otherwise represented, shall cross-examine the deponent. If any expected

adverse party is a minor or incompetent, the court shall make such order as deemed appropriate

for the protection of the minor or incompetent as provided in RCW 4.08.050 and 4.08.060.

(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 depositions 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 deposition 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 state in which it

is taken, it may be used in any action involving the same subject matter subsequently brought in a

superior court of this state, in accordance with the provisions of rule 32(a).

(b) Perpetuation Pending Appeal. If an appeal has been taken from a judgment of a

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 superior 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 the 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 superior

court.

(c) Perpetuation by Action. This rule does not limit the power of a court to entertain an

action to perpetuate testimony.