PART IV. 
PERPETUATION OF TESTIMONY



 



Note



 



  Part heading renumbered by L 1972, c 143, §1(o).



 



 



§624-41  Action for.  A person who,
before action, is desirous of perpetuating his own testimony or the testimony
of any other person, may proceed in accordance with the rules of court or may
bring a civil action in the circuit court of any circuit in which it is fair
and equitable to the parties that the matter be heard, setting forth (1) that
the plaintiff expects to be a party to an action cognizable in a court of this
State but is presently unable to bring it or cause it to be brought, (2) the
subject matter of the expected action and his interest therein, (3) the facts
which he desires to establish by the proposed testimony and his reasons for
desiring to perpetuate it, (4) the names of the persons he expects will be
adverse parties and their addresses, and (5) the names and addresses of the
persons to be examined and the substance of the testimony which he expects to
elicit from each; and praying for an order authorizing the plaintiff to take
the depositions of the persons to be examined named in the action, for the
purpose of perpetuating their testimony.



Personal service shall be made on the expected
adverse parties as in other civil actions.  In case service cannot be made in
the State service may be made as provided by sections 634-24 and 634-25, but if
an action is brought under this section service shall not be made by
publication. [L 1876, c 32, §27; RL 1925, §2590; RL 1935, §3884; RL 1945,
§9870; RL 1955, §223-23; HRS §624-41; am L 1972, c 143, §1(h)]



 



Rules of Court



 



  See HRCP rule 27.