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Modes of Discovery

Discovery – methods used by partied to a civil action-to obtain information held by other party-that is relevant to action

Purpose of Discovery:

a.) it is a device to narrow down/ clarify the basic issues between partiesb.) it is a device to ascertain the facts relative to the issue

What are the modes of Discovery :

DepositionsPendin !ction

When "o #$% - !fter !nswer has been served With #$% -&) 'efore !nswer( after urisdiction is ac*uired by court

- as +ssues are not yet oined, disputed facts are not clear

) person is conned in prison

WhoseDepositionmay be taen

!ny person(Whether party or not

0cope !ny matter which is relevant to the subect of the pendin action,Whether it relates to claim or defense of the parties-"ot Privilee,-includin the e1istence( description( nature( custody( condition(location of any boos( documents or other tanible thins( and+dentity and location of persons havin nowlede of relevant facts2D"a %%l- 'D3

P –+##imitationsbefore tainDeposition%ourt mayimposelimitation asto-tain andscope ofdeposition(after notice isserved for oral

e1amination-upon motionparty/ orperson to bee1amined-for a 4ood%ause

%ourt where action is pendin may order:a) deposition not be taen,b) be taen only at some desinated place other than that stated innotice,c) be taen only on written interroatories,d) certain matters shall not be in*uired to,e) held without anyone present e1cept parties to action and theiro5cers or counself) !fter deposition – sealed and open only by court order) not to disclose secret processes( developments or research,h) for parties to simultaneously le specied docs or info enclosed in

sealed envelopes and to be opened as directed by courti) any order which ustice re*uiresto protect the party/witness from !nnoyance( embarrassment oroppression,6sec &7( 8ule 9)

#imitations &)%ourt where action is pendin or

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durin tainof deposition-upon motion/petition of anyparty ordeponent

-e1aminationis beinconducted in'ad faith or-in suchmanner asunreasonablyto annoy(embarrass oroppress adeponent/party

)83% of place where deposition is bein taenmay order the o5cer tain the e1amination -to %2!02 forthwith, or-limit the scope 6sec &7( 8ule 9)

-can only be resumed by $rder of %ourt where action is pendin-+f demanded to stop( tain of deposition shall be suspended for the

time necessary to mae a notice for an order-%ourt may order 6party or witness)to pay cost/e1penses

Who may taedeposition

Within Phil- ude(- notary public(- any other person authori;ed to administer oaths if the parties

so stipulate in writin,$utside Phil

- secretary of an embassy or leation( consul eneral( consul(vice consul( or consular aent of 8P-other person or o5cer appointed by %ommission or #etters of8oatory

%ommission –-instrument issued by court of ustice/ competent tribunal-authori;in a person to tae deposition/other act-addressed to o5cers desinated by name or descriptive title-applies to Diplomats

#etters of 8oatory-instrument sent in the name and by authority of a ude /court-to another ude/court-addressed to a udicial authority-may be applied for and issued only after a commission has beenreturned une1ecuted-applies to ude/%ourt in another country

Dis*ualied totaedepositions

&)Party<s-relative within 7th deree of consanuinity or a5nity or- employee)%ounsel<s-8elative with the same deree-employee9) =inancially interested in the action

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>inds, as to?ow taen Deposition @pon

$ral 21aminationDeposition uponWritten +nterroation

?ow "otice in writin0ervice to other party

"otice0erve to every otherparty

%ontent of"otice

&) 3ime/Place-of the tain of thedeposition) "ame and !ddress-of the person to bee1amined-if "$3 >"$W" –  -eneral descriptionis su5cient to identify himor the particular class orroup to which he belons

A%ourt may2"#!842/0?$832" thetime

-on motion of partywhom notice is served

&) name and address ofthe person who willanswer them) descriptive title andaddress of the person willtae the deposition9) within &B days( partyserved may serve cross-interroatories on theparty proposin to taedepositionC) within daysthereafter( the latter mayserve re-directinterroatories upon theparty servin %+) within 9 days afterbein served 8+( a partymay serve re-crossinterroatories(

Procedure &) o5cer shall put the

witness under oath) o5cer shall 3ranscribe,Personally( or by someoneactin under his directionand his presence

-record thetestimony of the witnessstenoraphically(@nless the parties areeotherwise9) "ote obectionsC) 0ubmit it to witness for

e1amination) +t shall be read bydeponent or read to him(@nless( waived byparty/witness-chanes inform/substance  -witness desires tomae

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  -shall be enter upondeposition by o5cer witha statement as to thereason iven by thewitness as why they arebein made

7) 0ined by witness@nless(

a) parties by stipulationwaive the sinin  b) witness is ill( orcannot be found orrefuses to sin 6if not sined( o5cershall sin( statin on therecord why it was notsined)68efusal to sin: 2Eect)

- deposition may beused fully asthouht sined(unless on a motionto suppress undersec. F Gerrors orirreularities inpreparation(

- reason for refusalto sin re*uirereection of depo inwhole or in part

H) $5cer shall certify onthe depo that-the witness was duly

sworn to by him and, - the depo is a truerecord of the testimony of the witnessI) =iled with %ourt wherecourt is pendin or0ent by reistered mail tocler of courtI) $5cer ives notice oflin to all parties and=urnish copies to anyparty/deponent 6uponpayment of reasonablechares)

2Eect of"on-appearanc

&)Party ivin notice failsto appear and!nother !ttends in person

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e or by counsel -%ourt may order the P4"to pay reasonablee1pense incurred toattend, includinreasonable attorney<s

fees

) P4" does not servesubpoena,Witness does not appear-%ourt may order P4" topay reasonable e1pensesfor attendance plusattorney<s fees to a partywho appears in person orby counsel

>inds of Deposition