---
title: "Build the issues list for a pre-suit deposition to perpetuate testimony"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/build-the-issues-list-for-discovery-from-a-prospective-respondent/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-LA20261022-2-US"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Build the issues list for a pre-suit deposition to perpetuate testimony

> 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…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/build-the-issues-list-for-discovery-from-a-prospective-respondent/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Build the issues list for discovery from a prospective respondent](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/build-the-issues-list-for-discovery-from-a-prospective-respondent.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Rule 27 perpetuates testimony when the person cannot presently sue. It is not preliminary discovery of whether a right to relief exists.
- The petition is verified. The tool does not draft it.
- State pre-suit discovery statutes differ. A federal standing order on filings does not apply until a paper is filed in that court.

## Sources

- [Federal Rule of Civil Procedure 27, Depositions to Perpetuate Testimony](https://www.law.cornell.edu/rules/frcp/rule_27) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*