Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch __, Davao City

___________________ SP PROC NO. ______________

___________________
___________________

___________________,
Petitioner.

MOTION FOR LEAVE

TO TAKE DEPOSITION OF PETITIONER

COMES NOW the Petitioner, ___________________, by and

through the undersigned counsel, and unto this Honorable Court,
most respectfully files this Motion for Leave to Take Deposition of
Petitioner, by averring that:

1) On ________________, Petitioner filed a Verified Petition

for _________________________________;

2) On ________________, this Honorable Court issued an

Order finding the Verified Petition to be sufficient, and set the same
for hearing on ________________ at ____ o’clock in the morning;

3) However, the Petitioner respectfully manifests that she

could not be able to attend the said hearing due to
________________;

4) As a consequence, the Petitioner is constrained to ask

this Honorable Court that she be granted leave to take her deposition
upon oral examination pursuant to Section 1, Rule 23 of the 1997
Rules of Civil Procedure, to wit:

“SECTION 1. Depositions pending action,

when may be taken. – By leave of court after
jurisdiction has been obtained over any defendant or
over property which is the subject of the action, or
without such leave after an answer has been served,
the testimony of any person, whether a party or not,
may be taken, at the instance of any party, by
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 deposition upon oral examination or written
interrogatories. The attendance of witnesses may be
compelled by the use of subpoena as provided in
Rule 21. Depositions shall be taken only in
accordance with these Rules. The deposition of a
person confined in prison may be taken only by leave
of court on such terms as the court prescribes.”

5) Likewise, pursuant to Sections 10 and 14 of Rule 23 of

the 1997 Rules of Civil Procedure, the said deposition may be taken
before any judge, notary public, or any person authorized to
administer oaths;

6) Based on the foregoing, it is humbly prayed of this

Honorable Court that the taking of deposition upon oral examination
of the Petitioner be made at ________________, on a date not later
than the schedule hearing on ________________;

7) This motion is not in any way intended to delay the

proceedings but dictated solely for the reasons stated above.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most

respectfully prayed of this Honorable Court that an Order be issued
allowing the taking of testimony of the Petitioner by deposition at
________________, on a date not later than the scheduled hearing
on ________________.

Other reliefs that are deemed just and equitable under the
premises are likewise prayed for.

RESPECTFULLY SUBMITTED.

Davao City, Philippines. ________________.

BY:

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 NOTICE OF HEARING

THE CLERK OF COURT

RTC, Branch __, Davao City

Greetings!

Due to the urgency of the instant Motion and it being a non-

litigious motion, please take notice that the same shall be submitted
for the consideration and approval of the Honorable Court on
________________ at ___ in the morning, or as soon as counsel and
the matter may be heard.

________________

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