Download MODES OF DISCOVERY COMPLETE.ppt PDF

TitleMODES OF DISCOVERY COMPLETE.ppt
TagsEthical Principles Witness Deposition (Law) Discovery (Law) Government Institutions
File Size4.5 MB
Total Pages39
Document Text Contents
Page 19

Upon Oral Examination
1. Seasonable Motion for Orders to

protect the parties or the
deponents filed with the court
where the case is pending which
can disallow the deposition, limit
the scope or manner thereof ,
prohibit certain matters, etc. (S16
R23)

2. Motion to Terminate of Limit the
Examination during the
deposition taking upon a showing
that it is being done in bad faith
or to annoy, embarrass, or
oppress the deponent or party
filed with the court where the
case is pending or the RTC of the
place where the deposition is
being taken. (S18, R23)

Upon Written Interrogatories
1. Objections to the form of

interrogatories which must be
made within the period to serve
succeeding interrogatories or
within three (3) days after the
service of the last interrogatories.
(S29 (f), R23)

2. Seasonable Motion for Orders to
protect the parties or the
deponents filed with the court
where the case is pending which
can disallow the deposition, limit
the scope or manner thereof ,
prohibit certain matters, etc
Motion for Leave if necessary
(S28, R23)


























NOTE: If the examination is ordered terminated, only the court where the case is

pending can order a resumption. Likewise, the objecting party has the right to

demand the suspension of the deposition in order to file a motion to terminate or

limit the examination.

Page 20

 As to notice. – WAIVED unless promptly objected to

 As to disqualification of officer. – WAIVED unless objected to before the
deposition takin g or as soon as the disqualification becomes known or
could be discovered with reasonable diligence.

 As to competency or relevancy of evidence – NOT WAIVED unless the ground
of the objection is one which might have been obviated or removed if
presented at that time.

 As to errors or irregularities in the manner of taking the deposition, in the
form of the questions or answers, in the oath or the affirmation, or in the
conduct of the parties and the other particulars. – WAIVED unless reasonable
objection thereto is made at the taking of the deposition.

 As to form of written interrogatories. - WAIVED unless objected to within the
period to serve succeeding interrogatories.

 As to manner of preparation. - Errors and irregularities in the manner in
which the testimony is transcribed or the deposition is prepared, signed,
certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the
officer under sections 17, 19, 20 and 26 of this Rule are waived unless a
motion to suppress the deposition or some part thereof is made with
reasonable promptness after such defect is, or with due diligence might have
been, ascertained.

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