Modes of Discovery Flashcards
Enumerate the five modes of discovery.
(1) Depositions Pending Actions
(2) Depositions Before Action and Pending Appeal
(3) Interrogatories of Parties
(4) Physical or Mental Examination
(5) Admission of Parties
What are the steps in taking depositions?
(1) A party will raise an ex parte motion to take the testimony of a person.
(2) Written notice will be served to the deponent.
(3) When the testimony is fully transcribed, the deposition shall be submitted to the witness for examination, unless examination is waived.
(4) The officer will certify that the deposition was duly sworn by him.
(5) The deposition will be filed with the court where the action is pending.
(6) The officer taking the depositions will give prompt notice of its filing to the parties and furnish copies of the depositions to any party or to the deponent.
How are depositions before action be initiated?
A person who desires to perpetuate his or her own testimony or that of another person regarding any matter that may be cognizable in any court may file a petition.
Where should the petition for depositions before action be filed?
A verified petition may be filed in the court of the pale of the residence of any expected adverse party.
What are the contents of the order that the court will issue if it determined that there is a need for the perpetuation of a testimony?
If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order:
(1) Designating or describing the persons whose deposition may be taken
(2) Specifying the subject matter of the examination
(3) Whether the depositions shall be taken upon oral examination or written interrogatories.
With regards to depositions pending action, who may be the deponents and what are the scope of its examination?
The testimony of any person, whether a party or not, may be taken by deposition upon oral examination or written interrogatories, regarding any matter, not privileged which is relevant to the subject of the pending action.
How are depositions used? What is the effect if a party uses such deposition?
A deposition may be used at the trial for the purpose of contradicting or impeaching the testimony of the deponent as a witness.
If a party uses a deposition other than contradicting or impeaching the deponent, makes the deponent the witness of the party using the deposition. But this shall not apply to the use by an adverse party of a deposition.
In the Philippines, who may take the depositions of the deponent?
(1) Any judge
(2) Notary public
(3) Persons authorized to administer oaths.
Outside the Philippines, who may take the depositions of the deponent?
(1) Secretary of embassy or legation, consul, vice-consul, or consular agent of the Republic of the Philippines
(2) Officers appointed by the commission or under letters rogatory
(3) Persons authorized to administer oaths
Can a party refuse to take the deposition of a person?
Yes, upon motion seasonably made or by the person to be examined and for good cause shown.
With regards to irregularities of the deposition, enumerate the instances and briefly state the rule.
(1) As to notice, the errors will be deemed waived unless written objection is promptly served upon the party giving notice.
(2) As to disqualification of the officer taking deposition, the errors is deemed waived unless the objection is made before taking the deposition or soon thereafter the disqualification becomes known.
(3) As to competency or relevancy of evidence, the errors is not waived by failure to make them before or during the taking of the deposition.
(4) As to oral examination and other particulars, errors are deemed waived unless reasonable objection is made at the taking of the deposition.
(5) As to form of written interrogatories, errors are deemed waived unless served in writing upon the party within the time allowed for serving.
(6) As to manner of preparation, errors and irregularities are deemed waived unless a motion to suppress the deposition is made with reasonable promptness after such defect is ascertained.
How are interrogatories to parties be initiated?
Upon ex parte motion, any party desiring or elicit material and relevant facts from any adverse parties shall filed and serve upon the latter written interrogatories to be answered by the party served.
How are interrogatories to parties be answered? Can you object to such?
Interrogatories are answered fully in writing and shall be signed and sworn by the person making them.
Objections may be presented to the court within 10 days after service thereof, and answers shall be deferred until the objections are reserved.
What is the effect of failure to serve written interrogatories?
Unless thereafter allowed by the Court for good cause shown and to prevent a failure of justice, a party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court, or to give a deposition pending appeal.
How are admission by adverse party be initiated? When should this be initiated?
At any time after issues have been joined (or after the filing of the last responsive pleading, but before trial), a party may file and serve upon any other party a written request for the admission by the latter of the genuineness of any material and relevant document.
