What is the effect of failure to serve the opposing party a request for admissions?

Right to call the other party as an adverse party witness

- ADVERSE EFFECT: Rule 25.6 - Section 6. Effect of failure to serve written
interrogatories. — Unless thereafter allowed by the court for good cause shown and
to prevent a failure of justice, a party not served with written interrogatories may
not be compelled by the adverse party to give testimony in open court, or to give a
deposition pending appeal. (n)

Adverse party witness

Deposition pending action

Rule 134, Sec. 1

Evidence – relationship between JAR and modes of discovery, especially deposition

Difference between relief from judgment and relief from denial of appeal
- parehong instrinsic fraud

What comes first – intervention or pretrial?

PRETRIAL
-

INTERVENTION
- differentiate from substitution or joining
- compulsory counterclaim vs. permissive counterclaim
o permissive – what is being asserted has nothing to do with the case
o compulsory – has something to do with the case, but since same
parties no intervention
- similar to compulsory counterclaim – has to do with the case

answer in intervention

PRE-TRIAL
- Culminates with PTO
o Main part of that is issues
o How are issues phrased?
- In a situation where maganda pleadings

What should the PTB contain?

What is the rule on documents not pre-marked or not presented during pretrial?
Provisional marking subject to comparison during trial

Under the rules of modes of discovery, is it necessary that a witness is willing?

NO. May require subpoena – a compulsory process.

Supposing the intended witness is not cooperative, what will be the remedy to get a
JA? IF JA is possible, you can dispense with deposition.

May the uncooperative witness be subpoena’d during pre-trial?

What is the rule on subpoena?

Section 1. Subpoena and subpoena duces tecum. — Subpoena is a process directed to
a person requiring him to attend and to testify at the hearing or the trial of an action,
or at any investigation conducted by competent authority, or for the taking of his
deposition. It may also require him to bring with him any books, documents, or
other things under his control, in which case it is called a subpoena duces tecum. (1a,
R23)

- there are 2 parts to this

o ad testificandum

Grounds for quashing subpoena – same grounds ba to quash subpoena for

deposition and for testimony?

Hostile witness – court should declare so

Purpose of JA – to save time