CIVPRO - RULE 23-32 Flashcards
What is the purpose of the different modes of discovery?
The various modes or instruments of discovery are meant to serve:
1. As a device, along with pre-trial hearing under Rule 20, to narrow and clarify the basic issues between the parties; and
2. As a device for ascertaining the facts relative to those issue.
The evidence purpose is, to repeat, to enable parties, consistent with recognized privileges, to obtain the fullest possible knowledge of the issues and facts before trials and thus prevent that said trials are carried on in the dark. [Rep v. Sandiganbayan GR 90478 Nov 21, 1991]
What is a deposition?
A deposition is the written testimony of a witness given in the court of a judicial proceeding, in advance of the trial or hearing upon oral examination or in response to written interrogatories and where an opportunity is given for cross-examination. [Republic v. Sandiganbayan, GR 112710 (2001)]
When may a deposition be availed of?
A deposition may be taken:
1. Deposition de bene esse - during a pending action (R23S1)
2. Depsotion in pereptua rei memoriam - before action or pending appeal
What are the modes of discovery under the Rules of Court?
The following are the modes of discovery under the Rules of Court:
1. Depositions pending action (Rule 23)
2. Depositions before action or pending appeal (Rule 24)
3. Interrogatories to parties (Rule 25)
4. Admission by adverse party (Rule 26)
5. Production or inspection of documents and things (Rule 27)
6. Physical and mental eamination of persons (Rule 28)
What is a deposition?
[1] A deposition is the taking of the testimony of any person, whether he be a party or not, but at the instance of a party to the action. This testimony is taken out of court.
The rule provides for either of two methods for taking deposition. It may be either by (a) an oral examination, or by (b) a written interrogatory (R23S1)
[2] A deposition may be sought for use in a pending action (Rule 23), a future action (Rule 24), or for use in a pending appeal (Rule 24).
If the deposition is for use during a pending action, it is commonly called a deposition bene esse and is governed by Rule 23.
If the deposition is to perpetuate a testimony for use in future proceedings as when it is sought before the existence of an action, or for cases on appeal, it is called a deposition in peretuam rei memoriam and is governed by Rule 24.
Bar 2010
What is the rule when the deposition is of a prisoner?
The deposition of a person confined in prison may be taken only by leave of court on such terms as the court pescribes.
