[CODAL-FINAL] RULE 23-29 Flashcards
What are the different modes of discovery?
- Depositions pending action (Rule 23)
- Depositions before action or pending appeal (Rule 24)
- Interrogatories to parties (Rule 25)
- Admission by adverse party (Rule 26)
- Production or inspection of documents and things (Rule 27)
- Physical and mental examination of persons (Rule 28)
Modes of discovery that does NOT need leave of court and generally, without intervention
- Depositions (oral examination or written interrogatories) under Rule 24
- Interrogatories to parties (Rule 25)
- Requests for admission (Rule 26)
The ff. NEED leave of court
- Production or inspection of documents and things (Rule 27)
- Physical and mental examination of persons (Rule 28)
What is a deposition?
A taking of a testimony of any person (w/n he is a party) but at the instance of a party to the action.
This testimony may be taken out of court in the ff forms:
- Oral examination
- Written interrogatories (Rule 23, Sec 1)
DUAL FUNCTION OF DEPOSITION:
- Method of Discovery
- Alternative mode of testimony (In view of the distance, death or disability of deponent)
Only requirements for a deposition
- Not Privileged
- Relvant
When can depositions be availed of?
- During a pending action → depositions de benne esse (Rule 23)
- Before action or pending appeal → deposition in perpetuam rei memoriam (Rule 24)
Before whom may depositions be availed of:
If within the PH →
* Judge
* Notary Public (Sec 10, Rule 23)
* Any person authorized to administer oaths, as stipulated by the parties in writing (Rule 23, Sec 14)
If outside the PH
* On notice, before a secretary of embassy or legation, consul-general, vice consul, or consular agent of the PH (Sec 11, Rule 23)
* Before such person or officer as may be appointed by commission or letters rogatory
* Any person authorized to administer oaths, as stipulated by the parties in writing (Rule 23, Sec 14)
T or F: No need for notice to every party if one party desires to take a deposition of any person.
F, need written notice to every party.
What shall the notice to every party state?
- The time and place for taking the deposition
- The name and address of each person to be examined (if known) and
- If name is not known, a general description sufficient to identify him or the particular class/group to which he belongs
How is a deposition upon written interrogatories done?
- A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice
- The notice shall state: 1) Name and address of the person who is to answer them and 2) Name or descriptive title and address of the officer before whom the deposition is to be taken.
Who may file a petition for deposition before action?
A person who desires to perpetuate his or her own testimony or that of another person.
What are the contents of the motion for deposition pending appeal?
- Names and addresses of the persons to be examined
- Substance of the testimony which he expects to elicit from each
- The reason for perpetuating their testimony
what if the witness is able to testify? what is the consequnce if he is able?
He should be presented in court. If available to testify, a party’s/witness’ deposition is INADMISSIBLE in evidence for being hearsay.
Take note of XPNs.
