Brief Fact Summary. The Administratrix, Sheila Roberts Ford, petitioned to depose the commanding officer, Sheriff Bill Franklin, to identify the witnesses and facts surrounding the death of Fred William Roberts.
Synopsis of Rule of Law. Federal Rules of Civil Procedure Rule 27 does not permit pre-complaint discovery and should only be used when it is necessary to preserve testimony that is in danger of not being available at the time of suit.
Issue. The issue is whether Sheila Ford’s petition to perpetuate testimony from Franklin should be granted.
Held. The court held that the information sought by Sheila Ford could be gathered through discovery if she would file suit. The purpose of the gathering of Franklin’s testimony is to discover it rather than perpetuate it.
The Court's inquiry is complete if we find the text of the Rule to be clear and unambiguous.View Full Point of Law