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 parties
b.) it is a device to ascertain the facts relative to the issue
What are the modes of Discovery :
Depositions
When

Pending Action
No LOC - After Answer has been served
With LOC 1) Before Answer, after jurisdiction is acquired by court
- as Issues are not yet joined; disputed facts are not clear
2) person is confined in prison

Whose
Deposition
may be taken
Scope

Limitations
before taking
Deposition
Court may
impose
limitation as
to-taking and
scope of
deposition,
after notice is
served for oral
examination
-upon motion
party/ or
person to be
examined
-for a Good
Cause
Limitations

Any person,
Whether party or not
Any matter which is relevant to the subject of the pending action;
Whether it relates to claim or defense of the parties
-Not Privilege;
-including the existence, description, nature, custody, condition,
location of any books, documents or other tangible things, and
Identity and location of persons having knowledge of relevant facts
EDNa CCl- BDT
P IL
Court where action is pending may order:
a) deposition not be taken;
b) be taken only at some designated place other than that stated in
notice;
c) be taken only on written interrogatories;
d) certain matters shall not be inquired to;
e) held without anyone present except parties to action and their
officers or counsel
f) After deposition sealed and open only by court order
g) not to disclose secret processes, developments or research;
h) for parties to simultaneously file specified docs or info enclosed in
sealed envelopes and to be opened as directed by court
i) any order which justice requires
to protect the party/witness from Annoyance, embarrassment or
oppression;
(sec 16, Rule 23)
1)Court where action is pending or

during taking
of deposition
-upon motion/
petition of any
party or
deponent
-examination
is being
conducted in
Bad faith or
-in such
manner as
unreasonably
to annoy,
embarrass or
oppress a
deponent/part
y

2)RTC of place where deposition is being taken

may order the officer taking the examination -to CEASE forthwith; or
-limit the scope (sec 16, Rule 23)

Who may take

deposition

Within Phil
- Judge,
notary public,
- any other person authorized to administer oaths if the parties
so stipulate in writing;
Outside Phil
- secretary of an embassy or legation, consul general, consul,
vice consul, or consular agent of RP
-other person or officer appointed by Commission or Letters of
Rogatory
Commission
-instrument issued by court of justice/ competent tribunal
-authorizing a person to take deposition/other act
-addressed to officers designated by name or descriptive title
-applies to Diplomats

Disqualified to
take
depositions

-can only be resumed by Order of Court where action is pending

-If demanded to stop, taking of deposition shall be suspended for the
time necessary to make a notice for an order
-Court may order (party or witness)to pay cost/expenses

Letters of Rogatory
-instrument sent in the name and by authority of a Judge /court
-to another judge/court
-addressed to a judicial authority
-may be applied for and issued only after a commission has been
returned unexecuted
-applies to Judge/Court in another country
1)Partys
-relative within 6th degree of consanguinity or affinity or
- employee
2)Counsels
-Relative with the same degree
-employee
3) Financially interested in the action

Kinds; as to
How taken
How

Content of
Notice

Deposition Upon
Oral Examination
Notice in writing
Service to other party

Deposition upon
Written Interrogation
Notice
Serve to every other
party

1) Time/Place
-of the taking of the
deposition
2) Name and Address
-of the person to be
examined
-if NOT KNOWN
-general description
is sufficient to identify him
or the particular class or
group to which he belongs

1) name and address of

the person who will
answer them
2) descriptive title and
address of the person will
take the deposition
3) within 10 days, party
served may serve crossinterrogatories on the
party proposing to take
deposition
4) within 5 days
thereafter, the latter may
serve re-direct
interrogatories upon the
party serving CI
5) within 3 days after
being served RI, a party
may serve re-cross
interrogatories,

*Court may
ENLARGE/SHORTEN the
time
-on motion of party
whom notice is served

Procedure

1) officer shall put the

witness under oath
2) officer shall Transcribe;
Personally, or by someone
acting under his direction
and his presence
-record the
testimony of the witness
stenographically,
Unless the parties agree
otherwise
3) Note objections
4) Submit it to witness for
examination
5) It shall be read by
deponent or read to him,
Unless, waived by
party/witness
-changes in
form/substance
-witness desires to
make

Effect of
Nonappearanc

-shall be enter upon

deposition by officer with
a statement as to the
reason given by the
witness as why they are
being made
6) Signed by witness
Unless,
a) parties by stipulation
waive the signing
b) witness is ill, or
cannot be found or
refuses to sign
(if not signed, officer
shall sign, stating on the
record why it was not
signed)
(Refusal to sign: Effect)
- deposition may be
used fully as
thought signed,
unless on a motion
to suppress under
sec. 29 errors or
irregularities in
preparation,
- reason for refusal
to sign require
rejection of depo in
whole or in part
7) Officer shall certify on
the depo that
-the witness was duly
sworn to by him and;
- the depo is a true
record of the testimony of
the witness
8) Filed with Court where
court is pending or
Sent by registered mail to
clerk of court
8) Officer gives notice of
filing to all parties and
Furnish copies to any
party/deponent (upon
payment of reasonable
charges)
1)Party giving notice fails
to appear and
Another Attends in person

or by counsel
-Court may order the PGN
to pay reasonable
expense incurred to
attend; including
reasonable attorneys
fees
2) PGN does not serve
subpoena;
Witness does not appear
-Court may order PGN to
pay reasonable expenses
for attendance plus
attorneys fees to a party
who appears in person or
by counsel

Kinds of Deposition