Rule 4:11-3 Perpetuation of Testimony

Courts have the power to allow testimony to be recorded and saved before or during a lawsuit. This can happen even when the situations covered by the other deposition rules (R. 4:11-1 and R. 4:11-2) do not apply.

If you are worried that an important witness might not be available later, you can ask the court to let you record that person's testimony now so it can be used in the future. The court can allow this whether a case has already been filed or is still being planned.