Professional Documents
Culture Documents
VOLTAIRE T. DUANO
THINGS
RULE 28 PHYSICAL AND MENTAL EXAMINATION OF PERSONS
RULE 29-REFUSAL TO COMPLY WITH MODES OF DISCOVERY
OVERVIEW OF RULE 23
PRE-DEPOSITION STAGE
Related provisions of Rules 21, 23 and 71
ORAL EXAMINATIONS AND WRITTERN INTERROGATORIES
POST-DEPOSITION STAGE
Related provisions of Rule 23
Sections 4,5,6,7,8,9,19,20,21,22 related to Oral Examinations
Sections 4,5,6,7,8,9,19,20,27 related to Written Interrogatories
deposition
Prisoners deposition
ISSUES TO ADDRESS
Persons deposed
Any person
whether a party to the case or not
Kinds of Deposition
Oral Examination
or
Written Interrogatories
Deposition Procedure
MOTION
By Leave of Court
Without Leave
prisoner
R21S2(3rd par)
Jurisdiction
Answer Served
No Answer
Any Defendant
Property
Take note of the use of deposition
Under R23S4
R23 S11
R23s14
Notice
R23 S12 Letters Rugatory
R23S12 Commission
Note issues on Disqualifcations:R23S13
Written Interrogatories
Rule 23 Section 15
Rule 23 Section 25
Compel attendance
Rule 21
R71 S8
Devastating Effects under R29 S5
DEPOSITION
PROPER
DUTIES OF OFFICER CONDUCTING DEPOSITION R23 S17
Transcription of testimony
Transcript examined, read, signed, or waived
Change of testimony
Transcript unsigned by witness
Use of deposition unsigned by deponent but signed
by officer (R23S29[f])
R23 S20
Contents of certification
Who certifies
Sealing, marking, filing
Notice of Filing (S21)/Furnishing copies (S22)
of failure
deposition under R23 S23
to
attend
S5
Objections to admissibility under R23 S6
Effects of taking of deposition under R23 S7
Effects of using deposition
Rebutting deposition under R23 S9
Effects of errors and irregularities in
deposition under R23 S29
Cross-interrogatories
Re-direct interrogatories
Re-cross-interrogatories
Subpoena to witness
PENDING APPEAL
Appeals from courts
Whose testimony to perpetuate pending appeal and when to file
Which court to file motion and notice for leave to perpetuate
testimony
Filer of motion
Contents of motion
Order to perpetuate testimony
Use of perpetuated testimony of witnesses pending appeal
PERPETUATION OF TESTIMONY
UNDER RULE 24
Before Action (Sec. 1)
File a Petition
BEFORE ACTION
PERPETUATION OF TESTIMONY BY WHOM
person his own testimony or testimony of
another person
Any
Subject matter
Any
COURT ACTION
Pending Appeal
INTERROGATORIES TO PARTIES
UNDER RULE 25
Issues under Section 1 Rule 25:
Proponents, respondents, facts
Service of written interrogatories
Refusal to answer
Refusal to obey court order
Willful failure to serve answers
Leave of Court
Other respondents to written interrogatories
Form of written interrogatories
FROM RULE 25
Both are written interrogatories
Both are with or without leave of court per Sec. 1 Rule 23
Both may be taken under conditions in Sec. 1 Rule 23
Both may be used to take deposition of prisoner with leave
of court
DIFFERENCES
Section 25
Rule 25
Notice served to every
Notice served to adverse
other party
party
Answered before an officer
Answered by party served
Subpoena to witness
No subpoena needed
Officer may charge fees
No Fee charges involved