MODES OF DISCOVERY

Rules 23-28 provide for the DIFFERENT MODES OF DISCOVERY.

DISCOVERY - is the procedure by which one party in an action is enabled to obtain before trial
knowledge of relevant facts and of material evidence in the possession of the adverse party or
of a witness.

*** Rationale of discovery: to enable the parties to obtain the fullest possible knowledge of the issues and evidence
long before the trial to prevent such trial from being carried on in the dark.

*** Discovery is NOT MANDATORY but failure to avail carries sanctions in Rules 25 and 26.

KIND of MANNER & TO/BY WHOM

DISCOVERY TIME & PURPOSE
1) Deposition pending a) by leave of court after jurisdiction To any person whether a party or not
action upon oral or written obtained over the person or subject. at the instance of any party.
interrogatories
b) without leave after answer have Purpose: to get oral or written
been served. admissions from a witness.
2) Deposition before action a) by a verified petition in the court of By any person who desires to
the place of residence of any expectedperpetuate his own testimony or that
adverse party/ of another.

Purpose: future action

3) Deposition pending By leave of court if an appeal hasBy appelle or appellant
appeal been taken or before taking it before
expiration period Purpose: for appeal or future
proceedings
4) Interrogatories a) by leave of court after jurisdiction By and to any party desiring to elicit
obtained over the person or subject material and relevant facts

b) without leave after answer have Purpose: to elicit material and

been served relevant facts
5) Request for Admission By a written request for admission By any party filed and served upon
after issues have been joined adverse party

Purpose: for admission of:

a) Genuineness of any material

documents

b) Truth of material facts

6) Production or inspection Upon motion to the court and showing By and to any party for
of documents or things good cause with notice to all
Purposes:
a) Produce, inspect and copy
documents, objects or things not
 privilege and material evidence to a
case

b) Entry and inspection of place.

7) Physical and mental Upon motion to the court and showing By any party against the party whose
examination good cause with notice to all mental or mental or physical condition is in
physical condition of a party is incontroversy
controversy.
Purposes: Ascertain the physical or
mental condition of a party material
to the action

*** The various modes of discovery are clearly intended to be cumulative, and not alternative or
mutually exclusive

*** Fishing expeditions are allowed in discovery, EXCEPT in motions for productions of documents

PRINCIPAL BENEFITS IN MODES OF DISCOVERY

1. Great assistance in ascertaining the truth and preventing injury because the witness is not
coached and memory still fresh;
2. Effective in detecting fake, fraudulent or sham claims;
3. Simple, convenient and inexpensive way of obtaining facts;
4. Educates the parties of the real values of their claims thereby encouraging settlements;
5. Expedite proceedings and helps unclog court dockets;
6. Safeguard against surprise trials;
7. Facilitates preparation and trial of cases.

PURPOSE OF THE MODES OF DISCOVERY:

1. to narrow and clarify basic issues between the parties,
2. as a device for ascertaining the facts relative to those issues
3. to support a motion for summary judgment (Rule 35)
4.

BILL OF PARTICULARS MODES OF DISCOVERY

To make ultimate facts more definite, not to To discover evidentiary facts
supply evidentiary matters

To prepare for responsive pleading To prepare for trial (abbreviates trial)

 Denial of Bills of Particulars does not bar the use of the Modes of Discovery. It is cumulative

LIMITATIONS OF MODES OF DISCOVERY

1. When it can be shown that the examination is being conducted in bad faith
2. When it can be shown that the examination is being conducted is such a manner
as to annoy, embarrass, or oppress the person subject to the inquiry
3. Irrelevant
4. Privileged matters