Rule 21

Question 1

What are the two types of subpoena under this rule?

Answer 1

1. Subpoena ad testificandum
2. Subpoena duces tecum

Question 2

What is a subpoena?

Answer 2

It is a process to compel one to attend a hearing

Question 3

What is a subpoena ad testificandum?

Answer 3

it is a process directed to a person requiring him or her to attend and to testify in a hearing or trial of an action or at any investigation conducted by competent authority or for the taking of his or her deposition.

Question 4

What is a subpoena duces tecum?

Answer 4

a process directed to a person requiring him or her to bring with him or her books, documents, or other things under his or her control

Question 5

What are the remedies that the court may avail for failure of the witness to comply with subpoena?

Answer 5

1. the court may issue a warrant to the sheriff to arrest the witness and bring her to court
2. witness shall be deemed in contempt of the court

Question 6

Who may be exempt from punishment for disobedience to comply with subpoena?

Answer 6

1. witness resides more than 100 km away from the place where she is to testify
2. witness is a detention prisoner and a permission from court was not obtained

Question 7

What are the ground for quashing (nullify) a subpoena ad testificandum?

Answer 7

1. the witness is not bound by subpoena (lives 100km away)
2. When the witness fees and kilometrage allowed by the rules were not tendered when the subpoena was served

Question 8

what are the ground to quash a subpoena duces tecum?

Answer 8

1. when it is unreasonable and oppressive
2. relevancy of the books ir documents requested are not established/does not appear
3. if the person in behalf the subpoena is issued fails to advance the reasonable cost of production thereof
4. when the information is priviledged as in physician-patient relationship or lawyer-client or those confessed to a priest (priest-penitent).

Question 9

what are the contents of a subpoena?

Answer 9

1. name of the court
2. title of the action or investigation
3. it is directed to the person whose attendance is required
4. for subpoena duces tecum a reasonable description of books, documents or things demanded

Question 10

what is the difference between a subpoena and a summons?

Answer 10

1. a subpoena is directed to a person who is a witness while a summons is directed at a defendant
2. purpose of subpoena is to require him to testify or present documents before the court, purpose of the summons is to require the defendant to answer the complaint
3. the cost for the court attendance and production of the documents is tendered or charged accordingly while in summons tender of cost is not required