Ex Parte Anderson

Is Rule 27, Ala.R.Civ.P., which authorizes preaction discovery under Rule 34, limited in its use to perpetuating evidence? That is the basic question presented in this case.

Rule 27(a) provides, in pertinent part:

"(1) Petition. A person who desires to perpetuate his own testimony or that of another person or to obtain discovery under Rule 34 or 35 regarding any matter that may be cognizable in any court of this state may file a verified petition in the circuit court in the county of the residence of any expected adverse party. The petition shall be entitled in the name of the petitioner and…