What is meant by "perpetuation of testimony" in legal proceedings?

The term "perpetuation of testimony" refers to a legal procedure specifically aimed at preserving witness testimony for future use in a case, particularly when there is a concern that the witness may not be available during the actual trial. This is typically done through legal mechanisms such as depositions or affidavits, where the witness's statements are recorded and can be used later on, ensuring that the evidence remains accessible even if the witness cannot appear in court.

In the context of litigation, this is crucial because witness availability can change due to various factors such as illness, relocation, or even death. By perpetuating testimony, parties ensure that critical factual information remains part of the case record, preserving the rights of those involved to present evidence that may otherwise be lost.

Other options do not accurately encapsulate this concept. Summarizing testimony for court records or recording witness statements during a trial both refer to different aspects of handling evidence but do not specifically address the proactive preservation of testimony for future legal proceedings. Collecting evidence before trial can be part of the broader discovery process but does not specifically hone in on the preservation aspect emphasized in "perpetuation of testimony."