§ 16-118-102 — Obtaining discovery

(a) No action to obtain a discovery shall be brought except in aid of some other action pending where any person or corporation is liable, either jointly or severally with others, by the same contract. In such a case, an action may be brought against any of the parties who are liable to obtain discovery of the names and residences of the others who are also liable. (b) (1) In such actions, the plaintiff shall state in his or her complaint, in effect, that he or she has used due diligence, without success, to obtain the information asked to be discovered and that he or she does not believe the parties to the contract, who are known to him or her, have property sufficient to satisfy his or her claims. (2) The complaint and the cost of the action shall be paid by the plaintiff unless the discovery is resisted. Civil Code, § 788; C. & M. Dig., §§ 1037-1039; Pope's Dig., §§ 1239-1241; A.S.A. 1947, § 34-1101.