LEVEL SIXTEEN: MODES OF DISCOVERY (ADJUNCT TO TRIAL)

A. INTRODUCTION:
1. What are the different modes of discovery ?
2. What are the purposes of the modes of discovery?

B. DEPOSITION PENDING ACTION

1. At what stage of the action may this be availed of?
2. Under what conditions may this be availed of?
3. When must there be leave of court for the taking of a
deposition? Why ?
4. How may the deposition be taken?
5. Who may take depositions in the Philippines?
6. Who may take deposition outside the Philippines?
7. What is a commission?
8. What is a letter rogatory?
9. What is the difference between commission and letters
rogatory in terms of procedure?
10. When may the deposition of a person be used?
11. What may be asked during the taking of the
deposition?
12. On what grounds may a person object to the taking
of his deposition?
13. What are the grounds for suspending or terminating
an examination? By whom?
14. What are the possible objections that may be raised
in connection to depositions?

C. DEPOSITION BEFORE ACTION/ DEPOSITION PENDING

APPEAL (transposed from Rule 134)
1. What is the purpose of taking a deposition before
action?
2. What is the purpose of taking a deposition pending
appeal?
3. How is this initiated?
4. Will summons be served after the petition is filed?
D. INTERROGATORIES TO PARTIES
1. At what stage of the action may this be availed of?
2. Under what conditions may this be availed of?
3. How is this done?
4. Give two possible grounds for objections to
interrogatories.
E. ADMISSIONS BY ADVERSE PARTIES
1. When may this be availed of?
2. Give two possible grounds for objections to request for
admission.
3. What may be sought to be admitted?
 4. When is there an implied admission of the matters
being sought to be admitted ?
5. What is the effect of admitting the matters stated in the
request for admission?
6. What is the effect of a party’s failure to file and serve
request for admission?
F. PRODUCTION OR INSPECTION OF DOCUMENTS OR
THINGS
1. When may this be availed of?
2. Give two possible grounds for objections to a request
for the production or inspection of documents or things.
3. What are the subjects of this mode of discovery?
4. What is the difference between a subpoena duces
tecum and an order granting a request for the
production or inspection of documents?

G. PHYSICAL AND MENTAL EXAMINATION OF PERSONS

1. When may this be availed of?
2. Give two possible grounds for objections to a request
for a physical or mental examination of persons.
3. Who may be the subject of the physical or mental
examination?
4. What will the examiner do after the physical or mental
examination of a party?
5. What will happen if the party examined will request for
a copy of the findings and conclusions of the examiner?
6. When is the doctor-patient privilege of the party
examined deemed waived under this mode of
discovery?
7. What is the remedy if the party refuses to be mentally or
medically examined?

H. EFFECTS OF REFUSAL TO COMPLY

1. What is a common sanction for the refusal of a person
to comply with orders of the court relating to discovery?
2. What are the consequences of the refusal of a party to
comply under Rules 23, 25,27, and 28?
3. What is the remedy if a person refuses to answer any
question upon oral examination or written
interrogatories (either under Rule 23 or 25)?
4. Aside from No. 3, what may the court do if a party fails
to appear before the person who will take his deposition
or to serve answers to interrogatories?
5. What may a party do after he proves the genuineness of
a document or truth of a matter of fact which was denied
by a party upon a request for admission?