Build the issues list for a pre-suit deposition to perpetuate testimony
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Against Rule 27(a)(1), list the expected adverse parties so far as known, the expected action and the petitioner's interest, the facts the proposed testimony would establish, the reasons given for perpetuating it, and the name and expected substance of each deponent's testimony. Mark which of those items has no fact yet. Do not write the petition.
- What the lawyer must review
- You decide whether Rule 27(a) can be used, and you write the petition. A person who wants to perpetuate testimony about a matter cognizable in a United States court may file a verified petition in the district where any expected adverse party resides. The petition must show that the petitioner expects to be a party to an action cognizable in a United States court but cannot presently bring it or cause it to be brought, and the other facts Rule 27(a)(1) lists. Each expected adverse party must be served at least 21 days before the hearing. The court orders the depositions if satisfied that perpetuating the testimony may prevent a failure or delay of justice, and it may issue orders like those authorized by Rules 34 and 35. This is not a right to documents for the purpose of deciding whether a claim exists. Formal Opinion 512 requires you to review generated text before filing, and to keep the client's information confidential.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.