bill to perpetuate testimony
- bill to perpetuate testimony
-
A bill in equity. Whenever there is reasonable cause to apprehend future litigation in regard to a particular subject or matter and the person threatened with or exposed to suit is himself unable to bring the issue to an immediate judicial determination, or when he himself proposes or intends to institute an action for the purpose of establishing his rights with respect to a particular matter or subject, but is unable, by reason of some legal impediment, to do so immediately, a court of equity will entertain a bill or petition to perpetuate, by the taking and filing of their depositions, the testimony of witnesses for the plaintiff in the bill or petition, who, because of his peculiar position, cannot avail himself of such testimony in an immediate judicial trial and decision of such controversy. 23 Am J2d Dep § 8.
Ballentine's law dictionary.
Anderson, W.S..
1998.
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