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Rule 21 -Subpoena Sec. 1.Subpoena and subpoena duces tecum. -Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or the trial of an action,or at any investigation conducted by competent authority, or for the taking of his deposition. It may also require him to bring with him any books, documents or other things under his control, in which case it is called a subpoena duces tecum. (1a, R23) Two kinds: 1. Subpoena ad testificandum 2. Subpoena duces tecum Purpose To testify on a: 1. Hearing or trial of an action 2. Any investigation conducted by competent authority 3. Taking of a deposition Collado v. Bravo, 356 SCRA 411 (2001) Sec.2.By whom issued.Thesubpoenamaybeissuedbya)thecourtbeforewhomthewitnessisrequiredtoattend; b)thecourtoftheplacewherethedepositionistobetaken; c)theofficerorbodyauthorizedbylawtodosoinconnectionwithinvestigationsconductedb ysaidofficerorbody;or d) any Justice of the Supreme Court or of the Court of Appeals in any case or investigation pending within the Philippines. Questions: 1. In court, who actually issues? [Sec. 5] 2. Who are the other officers authorized? 3. Must the adverse party be notified of application? Adorco v. Bersamin, 273 SCRA 217. 4. How is application done? Is there a fee? 5. Is it necessary to bring in all witnesses through subpoena? .. When application for a subpoena to a prisoner is made, the judge or officer shall examine and study carefully such application to determine whether the same is made for a valid purpose. No prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in any penal institution shall be brought outside the said penal institution for appearance or attendance in any court unless authorized by the Supreme Court.(2a, R23) Sec. 3.Form and contents. A subpoena shall state the name of the court and the title of the action or investigation, shall be directed to the person whose attendance is required, and in the case of a subpoena duces tecum, it shall also contain a reasonable description of the books, documents or things demanded which must appear to the court prima facie relevant. (3a, R23)

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Requisites for issuance of duces tecum: [Roco v. Contreras, 461 SCRA 505 (2005) BP 22: Audited income statements and Income Tax Return for 6 years 1. The books, documents or other requested must appear to be prima facie relevant; [Test of Relevancy] 2. Such books must be reasonably described to be readily identified [Test of Definiteness] Sec. 4.Quashing a subpoena. The court may quash a subpoena duces tecum upon motion promptly made and, in any event, at or before the time specified therein if it is unreasonable and oppressive, or the relevancy of the books, documents or things does not appear, or if the person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof. The court may quash a subpoena ad testificandum on the ground that the witness is not bound thereby. In either case, the subpoena may be quashed on the ground that the witness fees and kilometrage allowed by these Rules were not tendered when the subpoena was served. (4a, R23) Grounds: Duces tecum 1. It is unreasonable or oppressive 2. The relevancy of the books, documents, or things does not appear 3. Failure to advance the reasonable cost of production 4. The witness fees and kilometrage allowed by the Rules were not tendered Questions: 1. Are the above grounds exclusive? RA 1405 2. Can a subpoena be opposed on the ground that the document sought to be produced are confidential? Yu v. Court of Appeals, 476 SCRA 443 (2005) Grounds: Ad testificandum 1. The witness is not bound thereby 2. The witness fees and kilometrage allowed by these Rules were not paid Self-incriminating? Rule 141, Sec. 14: 1) Witness fee, exclusive of ALL EXPENSES P200.00 per day Sec. 5.Subpoena for depositions. Proof of service of a notice to take a deposition, as provided in sections 15 and 25 of Rule 23, shall constitute sufficient authorization for the issuance of subpoenas for the persons named in said notice by the clerk of the court of the place in which the deposition is to be taken. The clerk shall not, however, issue a subpoena duces tecum to any such person without an order of the court. (5a, R23)

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a subpoena served upon him shall be deemed a contempt of the court from which the subpoena is issued. If the subpoena was not issued by a court, the disobedience thereto shall be punished in accordance with the applicable law or Rule. (12a, R23) Sec. 10.Exceptions. The provisions of sections 8 and 9 of this Rule shall not apply to a witness who resides more than one hundred (100) kilometers from his residence to the place where he is to testify by the ordinary course of travel, or to a detention prisoner if no permission of the court in which his case is pending was obtained. (9a, R23) So what is the remedy if testimony is needed? Cases: 1. People v. Montejo, 21 SCRA 722 [Rizal to Zamboanga] 2. Genorga v. Quitain, 78 SCRA 94 [Will it apply to the prosecution?]

Sec. 6.Service. Service of a subpoena shall be made in the same manner as personal or substituted service of summons. The original shall be exhibited and a copy thereof delivered to the person on whom it is served, tendering to him the fees for one days attendance and the kilometrage allowed by these Rules, except that, when a subpoena is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof, the tender need not be made. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is duces tecum, the reasonable cost of producing books, documents or things demanded shall also be tendered. (6a, R23) Sec. 7.Personal appearance in court. A person present in court before a judicial officer may be required to testify as if he were in attendance upon a subpoena issued by such court or officer. (10, R23) Is there an exception when one may not be required to testify? Sec. 8.Compelling attendance. -In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the province, or his deputy, to arrest the witness and bring him before the court or officer where his attendance is required, and the cost of such warrant and seizure of such witness shall be paid by the witness if the court issuing it shall determine that his failure to answer the subpoena was willful and without just excuse. (11, R23) Sec. 9.Contempt. Failure by any person without adequate cause to obey

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.Bar 1997, No. 4: .In an admiralty case filed by A against Y Shipping Lines (whose principal offices are in Manila) in the Regional Trial Court, Davao City, the court issued a subpoena duces tecum directing Y, the President of the shipping company, to appear and testify at the trial and to bring with him several documents. .On what ground can Y refuse to comply with the subpoena duces tecum? Rule 22.Computation of Time Sec.1. How to compute time.IncomputinganyperiodoftimeprescribedorallowedbytheseRules,orbyorderofthecourt ,orbyanyapplicablestatute,thedayoftheactoreventfromwhichthedesignatedperiodofti mebeginstorunistobeexcludedandthedateoftheperformanceincluded.Ifthelastdayoft heperiod,asthuscomputed,fallsonaSaturday,aSunday,oralegalholidayintheplacewhe rethecourtsits,thetimeshallnotrununtilthenextworkingday. (n) Questions: 1. Are Saturdays and Sundays always counted? 2. When last day falls on a Saturday or Sunday but extension is granted, when should extension be counted from? [AM No. 00-2-14 (2000) Feria: page 501 When the last day of the period falls on a Saturday, a Sunday or a legal holiday, and a party is granted an extension of time, the extension should be counted from the last day which is a Saturday, Sunday or legal holiday

Sec.2.Effect of interruption.Shouldanactbedonewhicheffectivelyinterruptstherunningoftheperiod,theallowablepe riodaftersuchinterruptionshallstarttorunonthedayafternoticeofthecessationofthecau sethereof. The day of the act that caused the interruption shall be excluded in the computation of the period. (n) De la Alas v. CA, 83 SCRA 200 (1979) The day of the filing is excluded (the day of the act that caused the interruption). [Take not of motion to dismiss and motion for bill of particulars] Modes of Discovery 1.Deposition Taking under 2rules: (Rule23)- Depositions Pending Action (Rule24)- Depositions Before Action or Pending Appeal 2.(Rule25)-Interrogatories to Parties 3.(Rule26)-Admission by Adverse Party 4.(Rule27)-Production or Inspection of Documents or Things 5. (Rule 28)-Physical and Mental Examination of Persons

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court prescribes. (1a, R24) Is deposition only a mode of discovery? 1. know evidence of the other party before trial 2. to secure and preserve testimony of witnesses Leave or no leave? 1.With leave-after jurisdiction is acquired (after service of summons or after publication in actions in rem) but before Answer 2. Without leave after answer is served Gap: after filing and before answer? In what situation is leave always required? Questions: 1. If leave of court is not needed, what is required? 2. After answer is served, is leave necessary if it is taken abroad before the secretary of the embassy, consul, etc.? Dasmarinas v. Reyes,225 SCRA 622 (1993) ] 3. Can one take deposition under Rule 23 after trial has commenced? Jonathan v. Maggudadato, 436 SCRA 559 (2004) Sec. 2.Scope of examination. -

Rule 23 Deposition: The written testimony of a witness given in the course of a judicial proceeding in advance of the trial or hearing upon oral examination.[Ayala Land v. Tagle, 466 SCRA 571 (2005)] A pre-trial discovery device by which one party asks oral questions of the other party or witness (not in open court). [Feria] Some purposes of deposition: 1. Expedite litigation 2. Safeguard against surprise 3. Expose fraudulent claims 4. Inform parties in advance of the strengths of their claims and defenses and thus encourage settlement [People v. Webb, 312 SCRA 573 (1999) Rule 23-Depositions Pending Action Sec. 1.Depositions pending actions, when may be taken. -By leave of court after jurisdiction has been obtained over any defendant or over property which is the subject of the action, or without such leave after an answer has been served, the testimony of any person, whether a party or not, may be taken, at the instance of any party, by deposition upon oral examination or written interrogatories. The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 21. Depositions shall be taken only in accordance with these Rules. The deposition of a person confined in prison may be taken only by leave of court on such terms as the

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any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness;[IMPEACHMENT] b. The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent of a public or private corporation, partnership, or association which is a party may be used by an adverse party for any purpose;[Can an adverse party use it as evidence?] c.Thedepositionofawitness,whetherornotaparty,maybeusedbyanypartyforanypurpos eifthecourtfinds: 1.thatthewitnessisdead;or 2. that the witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his absence was procured by the party offering the deposition; or 3.thatthewitnessisunabletoattendortestifybecauseofage, sickness,infirmity,orimprisonment; or 4.thatthepartyofferingthedepositionhasbeenunabletoprocuretheattendanceofthewit nessbysubpoena;or

Unless otherwise ordered by the court as provided by section 16 or 18 of this Rule, the deponent may be examined regarding any matter, not privileged, which is relevant to the subject of the pending action, whether relating to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. (2, R24) Scope of examination: 1. Must be relevant 2. Not privileged Sec. 3.Examination and crossexamination. -Examination and crossexamination of deponents may proceed as permitted at the trial under sections 3 to 18 of Rule 132. (3a, R24) Sec.4.Use of depositions.Atthetrialoruponthehearingofamotionoraninterlocutoryproceeding,anypartorallofad eposition,sofarasadmissibleundertherulesofevidence,maybeusedagainstanypartywh owaspresentorrepresentedatthetakingofthedepositionorwhohadduenoticethereof,in accordancewithanyoneofthefollowingprovisions: Principle: Deposition is not meant as a substitute for actual testimony of a witness in open court. Ground for objection? Reason for the Rule? a. Any deposition may be used by

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5. upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used; and[Exception: when it can be used as evidence.] d.If only part of a deposition is offered in evidence by a party, the adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.(4a, R24) Out of the Country: Is it enough that it is shown that witness left the country before trial, even if no evidence is shown that he failed to return? Sales v. Sabino, 477 SCRA 101 (2005) Sec. 5.Effect of substitution of parties. Substitution of parties does not affect the right to use depositions previously taken; and, when an action has been dismissed and another action involving the same subject is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. (5, R24) Scope of Sec. 5:

1. in case of death of a party; 2. when the case is dismissed and refiled Sec.6. Objections to admissibility.Subjecttotheprovisionsofsection29ofthisRule,objectionmaybemadeatthetrialorheari ngtoreceivinginevidenceanydepositionorpartthereofforanyreasonwhichwouldrequire theexclusiveofheevidenceifthewitnesswerethenpresentandtestifying.(6,R24) Admissibility is subject to the Rules of Evidence-Sec. 7. Effect of taking depositions. A party shall not be deemed to make a person his own witness for any purpose by taking his deposition. (7, R24) Sec. 8. Effect of using depositions. The introduction of evidence of the deposition or any part thereof for any purpose other than that contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in paragraph (b) of section 4 of this Rule. (8, R24) Effect of using deposition: -I make the witness as my witness. Exception: If I only use the deposition to impeach testimony.

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Sec. 9.Rebutting deposition. At the trial or hearing, any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party. (9, R24) Sec.10. Persons before whom deposition maybe taken within the Philippines.WithinthePhilippines,depositionsmaybetakenbeforeanyjudge,notarypublic,or the person referred to in section14 hereof.(10a,R24) Sec.11.Persons before whom depositions maybe taken in foreigncountries.Inforeignstateorcountry,depositionsmaybetaken(a) onnoticebeforeasecretaryofembassyorlegation,consulgeneral,consul,viceconsul,orconsularagentoftheRepublicofthePhilippines; (b)beforesuchpersonorofficerasmaybeappointedbycommissionorunderlettersrogato ry;or(c)thepersonreferredtoinsection14hereof.(11a,R24) Dulay v. Dulay, 474 SCRA 674 (2005) Deposition was taken before a Notary Public in Boston and it was authenticated by Philippine consul? [Clerk of Court of Boston refused to ignored letter rogagtory] Northwestv.Cruz,317SCRA617(1999) Witnesswasswornbytheconsulhimselfbydepositionwastakenbeforeanotherconsularof ficer? Sec.12.Commission or letters rogatory.Acommissionorlettersrogatoryshallbeissuedonlywhennecessaryorconvenient,onappl icationandnotice,andonsuchtermsandwithsuchdirectionasarejustandappropriate.Offi cersmaybedesignatedinnoticesorcommissionseitherbynameordescriptivetitleandlett ersrogatorymaybeaddressedtotheappropriatejudiialauthorityintheforeigncountry. (12a,R24)

Distinction: Dulay case: 1. Generally, a commission is an instrument issued by a court of justice, or other competent tribunal, directed to a magistrate by his official designation or to an individual by name, authorizing him to take the depositions of the witnesses named therein, while a letter rogatory is a request toaforeigncourttogive its aid, backed by its power, to secure desired information. 2. Commissions are taken in accordance with the rules laid down by the court issuing the commission, while in letters rogatory, the methods of procedure are under the control of the foreign tribunal. Summary: Witness Abroad 1. Before secretary of embassy, consul, consul general, etc. 2. Any person authorized through a commission 3. A foreign court requested through letters rogatory Maquiran v. Grageda, 451 SCRA 15 (2005)

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upon whom the noticed is served, the court may cause shown enlarge or shorten the time. (15a, R24) Sec. 16.Orders for the protection of parties and deponents. After notice is served for taking a deposition by oral examination, upon motion seasonably made by any party or by the person to be examined and for good cause shown, the court in which the action is pending may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be held with no one present except the parties to the action and their officers or counsel, or that after being sealed the deposition shall be opened only by the order of the court, or that secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court; or the court may make any other order which justice requires to protect the party or witness from annoyance, embarrassment or oppression. (16a, R24)

Sec. 13.Disqualification by interest. No deposition shall be taken before a person who is a relative within the sixth degree of consanguinity or affinity, or employee or counsel of any of the parties; or who is a relative within the same degree, or employee of such counsel; or who is financially interested in the action. (13a, R24) Who are disqualified: 1. Relative, employee or counsel OF ANY PARTY 2. Relative or employee OF COUNSEL 3. Any person financially interested Extent of relationship? Sec. 14.Stipulations regarding taking of depositions. If the parties so stipulate in writing, depositions may be taken before any authorized to administer oaths, at any time or place, in accordance with these Rules, and when so taken may be use like other depositions. (14a, R24) [Sec. 10?] Sec. 15. Deposition upon oral examination; notice time and place. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and if the person is not known, a general description sufficient to identify him or the particular class or group to which he belongs. On motion of any party

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Sec. 17.Record of examination; oath; objections. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically unless the parties agree otherwise. All objections made at the time of examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted to the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to the officers, who shall propound them to the witness and record the answers verbatim. (17, R24) Sec.18.Motion to terminate or limit examination.Atanytimeduringthetakingofthedeposition,onmotionorpetitionofanypartyofthedepon entandupontheshowingthattheexaminationisbeingconductedinbadfaithorinsuchman ner unreasonable to annoy, embarrass, or oppress the deponent or party, thecourtinwhichtheactionispendingortheRegionalTrialCourtoftheplacewherethedepo sitionisbeingtakenmayordertheofficerconductingthexaminationtoceaseforthwithfro mtakingthedeposition,ormaylimitthescopeandmannerofthetakingofthedeposition,as providedinsection16ofthisRule. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon the demand of the objecting party or deponent, the taking of deposition shall be suspended for the time necessary to make a notice for an order. In granting or refusing such order, the court may impose upon either party or upon the witness the requirement to pay such costs or expenses as the court may deem reasonable. (18a, R24)

Distinctions between Sec. 16 and 18: 1. As to time: Sec. 16, applies before taking of deposition, whereas Sec. 18 applies during the taking; 2. As to where to apply: Sec. 16 can only be granted by court where case is pending, whereas Sec. 18 can be granted also by the court of the place where deposition is being taken. Can counsel prevent his client from answering? Exceptions: embarrassing, annoying, self-incriminating. Isabela Sugar v. Macadaeg, 93 Phil. 995. Sec. 19. Submission to witness; changes; signing. When the testimony is fully transcribed, the deposition shall be submitted to the witness for the examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason given therefore, if any, and the deposition may then be used as fully as though signed, unless in a motion to suppress under section 29 (f) of this Rule, the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part. (19a, R24)

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party the amount of the reasonable expenses incurred by him and his counsel in so attending, including reasonable attorneys fees. (23a, R24) Sec.24.Failureofpartygivingnoticetoservesubpoena.Ifthepartygivingthenoticeofthetakingofadepositionofawitnessfailstoserveasubpoena uponhimandthewitnessbecauseofsuchfailuredoesnotttend,andifanotherpartyattends inpersonorbycounselbecauseheexpectsthedepositionofthatwitnesstobetaken,thecou rtmayorderthepartygivingthenoticetopaytosuchotherpartytheamountoftheexpensesi ncurredbyhimandhiscounselinsoattending,includingreasonableattorneysfees. (24a,R24) Sec. 25.Deposition upon written interrogatories; service of notice and of interrogatories.A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and the address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within ten (10) days thereafter, a party soserved may serve crossinterrogatories upon the party proposing to take the deposition. Within five (5) days thereafter, the latter may serve re-direct interrogatories upon a party who has served cross-interrogatories. Within three (3) days after being served with re-direct interrogatories, a party may serve recross-interrogatories upon the party proposing to take the deposition. (25, R24)

AyalaLandv.Tagle,466SCRA571,[2005] Issue: May a deposition be admitted in evidence despite the failure of the deponent to sign the same? Purpose of signing? Sec. 20.Certification and filing officer. The officer shall certify on the deposition that the witness was duly sworn to by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked Deposition of (here insert the name of witness) and shall promptly file it with the court in which the action is pending or send it by registered mail to the clerk thereof for filing. (20, R24) Sec.21.Noticeoffiling.Theofficertakingthedepositionshallgivepromptnoticeofitsfilingtoalltheparties.(21, R24) Sec.22.Furnishingcopies.Uponpaymentofreasonablechargestherefor, theofficershallfurnishacopyofthedepositiontoanypartyortothedeponent. (22,R24) Sec. 23.Failure to attend of party giving notice. If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another attends in person or by counsel pursuant to the notice, the court may order the party giving the notice to pay such other

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that the deposition shall not be taken before the officer designated in the notice or that it shall not be taken except upon oral examination. (28a, R24) Sec.29.Effect of errors and irregularities in depositions. (a) As to notice. -All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (b)Astodisqualificationofofficer.Objectiontotakingadepositionbecauseofdisqualificationoftheofficerbeforeitistobetake niswaivedunlessmadebeforethetakingofthedepostionbeginsorassoonthereafterasthe disqualificationbecomesknownorcouldbediscoveredwithreasonablediligence. (c)Astocompetencyorrelevancyofevidence.Objectionstothecompetencyofawitnessorthecompetency,relevancy, ormaterialityoftestimonyarenotwaivedbyfailuretomakethembeforeorduringthetakin gofthedeposition,unlessthegroundoftheobjectionisonewhichmighthavebeenobviated orremovedifpresentedatthattime. (d) As to oral examination and the other particulars. -Errors and irregularities occurring at the oral examination 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 errors of any kind which might be obviated, removed, or cured if promptly prosecuted, are waived unless reasonable objection thereto is made at the taking of the deposition.

De los Reyes v. CA, 63 SCRA 144 (1975) Who has discretion to determine whether the deposition be taken orally or through written interrogatories, the court where the case is pending or the party exercising the right to take deposition? Can a party submit cross-written interrogatories in writing when the other party conducted his examination orally? Dasmarinas v. Reyes, 225 SCRA 627 Also Sec. 17 Sec.26.Officers to take responses and prepare record.Acopyofthenoticeandcopiesofallinterrogatoriesservedshallbedeliveredbythepartytaki ngthedepositiontotheofficerdesignatedinthenotie,whoshallproceedpromptly,inthema nnerprovidedbysections17,19and20ofthisRule,totakethetestimonyofthewitnessinres ponsetointerrogatoriesandtoprepare,certify,andfileormailthedeposition,attachingthe retothecopyofthenoticeandtheinterrogatoriesreceivedbyhim.(26,R24) Sec. 27.Notice of filing and furnishing copies. When a deposition upon interrogatories is filed, the officer taking it shall promptly give notice thereof to all the parties, and may furnish copies to them or to the deponent upon payment of reasonable charges therefore. (27, R24) Sec. 28.Orders for the protection of parties and deponents. After the service of interrogatories and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion promptly made by a party or a deponent, and for good cause shown, may make any order specified in sections 15, 16 and 18 of this Rule which is appropriate and just or an order

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(e)As to form of written interrogatories.Objectionstotheformofwritteninterrogatoriessubmittedundersections25and26ofthis Rulearewaivedunlessservedinwritinguponthepartyprooundingthemwithinthetimeallo wedforservingsucceedingcrossorotherinterrogatoriesandwithinthree(3)daysafterser viceofthelastinterrogatoriesauthorized. (f) 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. (29a, R24)