(a) Any person who desires to preserve the testimony of any witness, concerning any matter which is or may be the subject of a civil action, may present a petition in writing to any judge of the Superior Court, setting forth the reasons for his application, the name of the witness, the subject matter of the controversy and the names of all persons interested therein and praying that the deposition of the witness may be taken. Upon presentation of the petition, the judge shall appoint a time and place for the respondents to appear before him and show cause why the prayer of the petition should not be granted, and order such notice thereof to the parties, whether resident in this state or not, as he thinks reasonable. If, at the time appointed, he finds that the notice ordered has been given, he shall further direct, if no sufficient cause is shown to the contrary, that depositions shall be taken at such times and places as he may prescribe, either by himself or by some other person or persons whom he may appoint for that purpose, who shall receive therefor from the petitioner three dollars a day.

(b) Depositions taken pursuant to this section shall be sealed and directed to the clerk of the superior court for the judicial district in which the petitioners or some of them reside, or, if none of the petitioners resides within this state, to the clerk of the superior court for the judicial district in which the respondents or some of them reside. The clerk shall file the sealed depositions together with the petition and all the proceedings thereon. Copies of depositions taken in the manner prescribed in this section and certified by the clerk of the court shall be received in evidence in the cause for which they were taken, and in all other causes in which the same subject matter is in suit between the same parties, or between the heirs or personal representatives of the persons who petitioned for the taking of the depositions and the other parties thereto.

(1949 Rev., S. 7879; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 75; P.A. 13-194, S. 10.)

History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 13-194 amended Subsec. (b) to substitute requirement that clerk file sealed depositions for requirement that clerk open and lodge depositions on file.

Equity jurisdiction over such petitions. 5 C. 352. Powers of compensation commissioner to hold hearing to perpetuate testimony. 132 C. 173. Cited. 157 C. 226; 211 C. 555; 229 C. 716; 230 C. 1.

Having by its cross-examination created testimony, a party does not “own” that cross-examination so as to be able to exclude its introduction into evidence solely on the basis of waiver. 1 CA 496. Cited. 41 CA 625.

In proper case, statute can be invoked for the purpose of “discovery before suit”. 24 CS 452. If purpose for taking deposition would be defeated by delay, court may terminate stay of execution on appeal from such order. Id., 455. History discussed. 25 CS 273. Procedure under section for perpetuating the testimony of witnesses furnishes an extraordinary remedy, to be confined to cases where there is a substantial risk that the testimony will be lost. Id., 274.