The procedure permitted by federal and state discovery rules for preserving the attestation of a witness that might otherwise be lost prior to the trial in which it is intended to be used.
The usual method of perpetuating testimony is by taking a deposition. It is usually allowed when a witness is aged and infirm or is about to leave the state.
PERPETUATING TESTIMONY. The act by which testimony is reduced to writing as prescribed by law, so that the same shall be read in evidence in some suit or legal proceedings to be thereafter instituted. The origin of this practice may be traced to the canon law cap. 5, it ut lite non contestata, &c., et ibi. Bockmer, n. 4; 8 Toull. n. 22. Vide Bill to perpetuate testimony.