Rule 23. Deposition Pending Actions. Flashcards
1
Q
What are the two kinds of deposition.
A
1.Oral Deposition
2. Written Interrrogatories
2
Q
WHAT TO FILE TO INITIATE DEPOSITION TAKING?
A
- Before an answer is filed.
- Motion to take oral deposition or
written interrogatories - After an answer has been filed- Notice to take oral deposition or written interrogatories
3
Q
What are the scopes in taking depositions.
A
Any relevant matter which is not privileged like :
-marital, filial, attorney-client, doctor- patient
-Restricted by protective order
4
Q
Before whom may the deposition be taken:
A
- If deponent is in the Phils.
-Judge
-Notary Public
-any person authorized to administer oaths and stipulated by parties - If deponent is in a foreign country
-Secretary of Embassy or legation, consul-general, consul, vice-consul, or consular agent of the RP -Person/officer appointed by commission or under letters rogatory
-before any person authorized to administer oaths stipulated by the parties.
5
Q
What is letters Rogatory?
A
It is a letter request. A formal request from one court to another court of foreign jurisdiction for some type of judicial assistance.
6
Q
Grounds to oppose the taking of deposition.
A
- the witness or the testimony is not relevant to the proceedings
- to protect the witness in an oral deposition from annoyance, embarrassment or oppression
- to protect the witness of a written interrogatory from annoyance, embarrassment or oppression.