How to preserve testimony before a lawsuit

(a) A person who, before action, desires to perpetuate the person's own testimony or the testimony of any other person, may proceed in accordance with the rules of court or may bring a civil action in the circuit court of any circuit in which it is fair and equitable to the parties that the matter be heard, setting forth: (1) That the plaintiff expects to be a party to an action cognizable in a court of this State but is presently unable to bring it or cause it to be brought; (2) The subject matter of the expected action and the plaintiff's interest therein; (3) The facts that the plaintiff desires to establish by the proposed testimony and the plaintiff's reasons for desiring to perpetuate it; (4) The names of the persons the plaintiff expects will be adverse parties and their addresses; and (5) The names and addresses of the persons to be examined and the substance of the testimony that the plaintiff expects to elicit from each; and praying for an order authorizing the plaintiff to take the depositions of the persons to be examined named in the action, for the purpose of perpetuating their testimony. (b) Personal service shall be made on the expected adverse parties as in other civil actions. In case service cannot be made in the State, service may be made as provided by sections 634-24 and 634-25, but if an action is brought under this section, service shall not be made by publication.