Short answer. Yes. Section 7 lets the court that rendered the judgment allow depositions to perpetuate testimony for use if further proceedings follow the appeal, on motion stating the witnesses' names, addresses, and expected testimony, plus the reason for perpetuating it, if the court finds perpetuation proper to avoid a failure or delay of justice.
What the law says
If an appeal has been taken from a judgment of a court, including the Court of Appeals in proper cases, or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court.
Rule 24, Section 7 — Depositions pending appeal. Read the full provision →
When this applies
The provision covers the period after an appeal has been taken, or even before the appeal is filed if the time to appeal has not yet expired — covering the gap between judgment and any eventual remand for further proceedings. It is aimed specifically at preserving evidence that might otherwise be lost by the time the appellate court decides the case and, if it remands, by the time the trial court is ready to receive testimony again.
Where the motion goes
The party who wants to perpetuate the testimony moves in the court that rendered the judgment being appealed — not the appellate court — using the same notice and service that would apply if the action were still pending there. That trial court retains this narrow authority even while the appeal itself is being decided elsewhere, precisely because it is the court that will eventually receive the testimony if the case is remanded.
What the motion must state
The motion must state the names and addresses of the persons to be examined and the substance of the testimony expected from each, along with the reason for perpetuating that testimony now rather than waiting. These requirements let the court, and the opposing party, evaluate in advance whether the proposed deposition is genuinely necessary or simply a fishing expedition dressed up as evidence preservation.
The standard, and what happens next
The court must find that perpetuating the testimony is proper to avoid a failure or delay of justice. If it does, the depositions may be taken and used in the same manner and under the same conditions as depositions taken in a pending action. That standard gives the court real discretion to deny the motion if the risk of losing the testimony is speculative rather than genuine.