Notes in 023 - 029: Modes of Discovery

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Published	09/06/2024	What are the six modes of discovery under the Rules of Court?
Published	09/06/2024	What is the purpose of the modes of discovery?
Published	09/05/2024	Which modes of discovery can be availed of without leave of court and generally without court intervention?
Published	09/26/2024	When is leave of court required to avail of modes of discovery?
Published	09/05/2024	Which modes of discovery require leave of court?
Published	09/27/2024	What is a deposition?
Published	09/06/2024	What are the dual functions of depositions?
Published	09/05/2024	When can depositions be availed of?
Published	09/05/2024	Before whom may depositions be taken within the Philippines?
Published	09/27/2024	What is the requirement for taking depositions upon oral examination?
Published	09/27/2024	How is deposition upon written interrogatories done?
Published	09/27/2024	Who may file a petition for deposition before action?
Published	09/27/2024	What are the contents of a motion for deposition pending appeal?
Published	09/06/2024	What is the scope of examination during a deposition?
Published	09/27/2024	How is examination and cross-examination during depositions conducted?
Published	09/27/2024	When is a deposition inadmissible as evidence?
Published	09/27/2024	What are the exceptions to the inadmissibility of depositions as evidence?
Published	09/27/2024	What is the effect of taking a deposition in terms of making the deponent a witness?
Published	09/27/2024	What is the exception to the rule that a deponent becomes a witness when a deposition is introduced as a witness?
Published	09/29/2024	For what purposes may depositions be used?*
Published	09/27/2024	What is the rule if only part of a deposition is introduced in evidence?
Published	09/27/2024	When may objections to the admissibility of depositions be made?
Published	09/05/2024	What must the officer taking the deposition do with objections made during the examination?
Published	09/27/2024	When can the court make orders for the protection of parties and deponents during a deposition?
Published	09/06/2024	Under what circumstances may the taking of a deposition be terminated or its scope limited?
Published	09/27/2024	What is the effect of invoking the constitutional privilege against self-incrimination during a deposition?
Published	09/26/2024	What is the purpose of written interrogatories under Rule 25?
Published	09/07/2024	How must written interrogatories be answered?
Published	09/27/2024	What are the grounds for objecting to written interrogatories?
Published	09/07/2024	What are the consequences of refusing to answer written interrogatories?
Published	09/07/2024	What is the effect of failure to serve written interrogatories before trial?
Published	09/05/2024	What is the significance of written interrogatories in preventing fishing expeditions during trial?
Published	09/30/2024	What is the scope of a request for admission under Rule 26?
Published	09/27/2024	When must objections to a request for admission be submitted to the court?
Published	09/27/2024	When is there implied admission by the adverse party?
Published	09/27/2024	What happens if the party requested does not answer the request for admission within 15 days?
Published	09/07/2024	What is the effect of admission made in response to a request for admission?
Published	09/07/2024	What happens if a party fails to file and serve a request for admission of material and relevant facts?
Published	09/05/2024	Can a party request the admission of a matter of fact not related to any documents?
Published	09/27/2024	What must a party do if they wish to object to a request for admission?
Published	09/05/2024	Can the request for admission be served through a representative?
Published	09/09/2024	Under Rule 27, Section 1, what can the court order a party to produce or allow inspection of?{{c1::The court can order a party to produce documents, p…
Published	09/26/2024	What are the conditions for a document to be produced under Rule 27, Section 1 (Production and Inspection of Documents)?{{c1::The document must not be…
Published	09/09/2024	How is production or inspection of documents under Rule 27 different from a subpoena duces tecum?Answer: {{c1::Production or inspection under Rule 27 …
Published	09/09/2024	When can the court order a physical or mental examination of a party?Answer: {{c1::The court can order an examination when the party's mental or …
Published	09/09/2024	What are the requisites for obtaining a court order for a physical or mental examination under Rule 28?Answer: {{c1::A motion must be filed showi…
Published	09/09/2024	What are some examples of cases where a party's mental or physical condition is in controversy?Answer:{{c1::Cases involving physical injury.}}{{c1::Bl…
Published	09/27/2024	What happens when a party requests a report of their physical or mental examination?Answer: {{c1::The party waives any physician-patient privileg…
Published	09/30/2024	What are the consequences under Rule 29, Section 3, if a party refuses to comply with discovery orders?Answer: The court may issue orders such as:{{c1…
Published	09/09/2024	What actions can the court take if a party fails to appear for deposition or answer interrogatories under Rule 29, Section 5?The Court may:{{c1::Strik…
Published	09/09/2024	When must the plaintiff's initial evidence be presented?Answer: Within {{c1::30 days}} after the {{c1::pre-trial conference}}, with {{c1::90}} days fo…
Published	09/09/2024	When must the defendant's initial evidence be presented?Answer: Within {{c1::30}} days after {{c1::the court rules on the plaintiff's evidence}},…
Published	09/09/2024	What is the maximum period for third-party claims?Answer: {{c1::Up to 90 days as determined by the court. (Rule 30, Sec. 1)}}
Published	09/09/2024	How long is the rebuttal evidence period?Answer: {{c1::30 days, if needed. (Rule 30, Sec. 1)}}
Published	09/09/2024	What are the overall time limits for presenting evidence?Answer: {{c1::300 days total, or 180 days if no third-party claims. (Rule 30, Sec. 1)}}
Published	09/09/2024	How long does the court have to decide and serve its decision?Answer: {{c1::90}} days from {{c1::case submission}}. (Rule 30)
Published	09/09/2024	What is the maximum period for adjournments?Answer: {{c1::One month per adjournment, up to three months total, unless authorized otherwise. (Rule 30, …
Published	09/09/2024	What is needed to postpone a trial due to illness?Answer: {{c1::An affidavit showing indispensable presence and excusable illness. (Rule 30, Sec.…
Published	09/09/2024	What is an agreed statement of facts?Answer: {{c1::A written agreement on facts allowing judgment without additional evidence. (Rule 30, Sec. 6)}}
Published	09/09/2024	What is the general order of trial?Answer: 1. {{c1::Plaintiff to adduce evidence.}}2. {{c1::The defendant will adduce his evidence.}}3. {{c1::The…
Published	09/15/2024	When can the order of the trial be reversed?Answer: When the defendant uses an {{c1::affirmative defense}}, admitting the claim but seeking to avoid l…
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