Modes of Discovery b) without leave after Purpose: to elicit material

answer have been served and relevant facts

MODES OF DISCOVERY 5) Request for By a written request for By any party filed and
Admission admission after issues served upon adverse party
Rules 23-28 provide for the DIFFERENT MODES OF DISCOVERY. have been joined
Purpose: for admission of:
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 a) Genuineness of any
the adverse party or of a witness. material documents

*** Rationale of discovery: to enable the parties to obtain the fullest possible b) Truth of material facts
knowledge of the issues and evidence long before the trial to prevent such trial from 6) Production or Upon motion to the court By and to any party for
being carried on in the dark. inspection of and showing good cause
documents or things with notice to all Purposes:
*** Discovery is NOT MANDATORY but failure to avail carries sanctions in Rules 25 a) Produce, inspect and
and 26. copy documents, objects
or things not privilege and
KIND of MANNER & TO/BY WHOM material evidence to a
DISCOVERY TIME & PURPOSE case
1) Deposition pending a) by leave of court after To any person whether a
action upon oral or jurisdiction obtained over party or not at the instance b) Entry and inspection of
written interrogatories the person or subject. of any party. place.
7) Physical and mental Upon motion to the court By any party against the
b) without leave after Purpose: to get oral or examination and showing good cause party whose mental or
answer have been served. written admissions from a with notice to all mental or physical condition is in
witness. physical condition of a controversy
2) Deposition before a) by a verified petition in By any person who party is in controversy.
action the court of the place of desires to perpetuate his Purposes: Ascertain the
residence of any expected own testimony or that of physical or mental
adverse party/ another. condition of a party
material to the action
Purpose: future action
3) Deposition pending By leave of court if an By appelle or appellant *** The various modes of discovery are clearly intended to be cumulative, and not
appeal appeal has been taken or alternative or mutually exclusive
before taking it before Purpose: for appeal or
expiration period future proceedings *** Fishing expeditions are allowed in discovery, EXCEPT in motions for productions
4) Interrogatories a) by leave of court after By and to any party of documents
jurisdiction obtained over desiring to elicit material
the person or subject and relevant facts
 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:

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

BILL OF PARTICULARS MODES OF DISCOVERY

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

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

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

LIMITATIONS OF MODES OF DISCOVERY

When it can be shown that the examination is being conducted in bad faith
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
Irrelevant
Privileged matters