Modes of Discovery

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
DISCOVERY
1) Deposition pending
action upon oral or written
interrogatories

MANNER &
TIME
a) by leave of court after
jurisdiction obtained over the
person or subject.

2) Deposition before action

b) without leave after answer have

been served.
a) by a verified petition in the court
of the place of residence of any
expected adverse party/

3) Deposition
appeal

pending

4) Interrogatories

5) Request for Admission

By leave of court if an appeal has

been taken or before taking it
before expiration period
a) by leave of court after
jurisdiction obtained over the
person or subject
b) without leave after answer have
been served
By a written request for admission
after issues have been joined

TO/BY WHOM
& PURPOSE
To any person whether a party or
not at the instance of any party.
Purpose: to get oral or written
admissions from a witness.
By any person who desires to
perpetuate his own testimony or
that of another.
Purpose: future action
By appellee or appellant
Purpose: for appeal or future
proceedings
By and to any party desiring to
elicit material and relevant facts
Purpose: to elicit material and
relevant facts
By any party filed and served upon
adverse party
Purpose: for admission of:
a) Genuineness of any material
documents

6) Production or inspection
of documents or things

7) Physical and mental

examination

Upon motion to the court and

showing good cause with notice to
all

Upon motion to the court and

showing good cause with notice to
all mental or physical condition of a
party is in controversy.

b) Truth of material facts

By and to any party for
Purposes:
a) Produce, inspect and copy
documents, objects or things not
privilege and material evidence to
a case
b) Entry and inspection of place.
By any party against the party
whose
mental
or
physical
condition is in 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
To make ultimate facts more definite, not to

MODES OF DISCOVERY
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