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MATTER OF PETITION OF BENTON COUNTY WATER

No. 38825-5-III. (consolidated with No. 38874-3-III).

530 P.3d 283 (2023)

In the MATTER OF the Petition of the BENTON COUNTY WATER CONSERVANCY BOARD TO PERPETUATE TESTIMONY. Benton County Water Conservancy Board, Respondent, v. Washington State Department of Ecology, Petitioner.

Court of Appeals of Washington, Division 3.

June 6, 2023.

Attorney(s) appearing for the Case

Matthew Janz , Office of the Attorney General of Washington, P.O. Box 40117, Olympia, WA, 98504-0117, for Petitioner.

James Laurence Buchal , Murphy & Buchal LLP, P.O. Box 86620, Portland, OR, 97286-0620, for Respondent.

PUBLISHED OPINION

CR 27 authorizes presuit depositions in limited circumstances in order to perpetuate witness testimony. Few Washington cases have interpreted this rule. But analogous federal authority requires a preliminary showing of an anticipated witness's unavailability before a perpetuation deposition may occur. We find...

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