Rule 23. Deposition Pending Actions. Flashcards

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1
Q

What are the two kinds of deposition.

A

1.Oral Deposition
2. Written Interrrogatories

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2
Q

WHAT TO FILE TO INITIATE DEPOSITION TAKING?

A
  1. Before an answer is filed.
    - Motion to take oral deposition or
    written interrogatories
  2. After an answer has been filed- Notice to take oral deposition or written interrogatories
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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

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4
Q

Before whom may the deposition be taken:

A
  1. If deponent is in the Phils.
    -Judge
    -Notary Public
    -any person authorized to administer oaths and stipulated by parties
  2. 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.
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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.

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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.
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