§57-4-7. How testimony perpetuated.
A person desirous of perpetuating the testimony of witnesses
as to a a matter, whether a suit be pending in relation thereto or
not, may file with a commissioner in chancery of a court wherein,
if there were a bill to perpetuate the testimony, such bill might
be filed, a petition stating such matter, and what persons may be
affected by the testimony. Whereupon the commissioner shall
appoint for proceeding on the petition a time and place, whereof
reasonable notice shall be given to the persons who may be so
affected. If any of them be an infant or insane person, the
commissioner shall appoint a guardian ad litem who shall attend on
his behalf and who shall be a practicing attorney in this state.
At such time and place the commissioner shall take in writing the
evidence of any witness adduced in respect to said matter by the
petitioner or by the person so affected. He may adjourn from time
to time, and shall return a report of his proceedings, with the
testimony taken by him, to the clerk's office of the court by which
he was appointed, and such testimony shall have the same effect as
if it had been taken on a bill to perpetuate testimony. Such court
may make such order as to the costs as may seem to it right.
Note: WV Code updated with legislation passed through the 2012 1st Special Session