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Motion to Take Deposition sample

Motion to Take Deposition sample

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Published by cuttyrish
motion to take deposition sample
motion to take deposition sample

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Published by: cuttyrish on Aug 01, 2013
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01/21/2014

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Republic of the PhilippinesNational Capital Judicial Region
REGIONAL TRIAL COURT
Pasay CityBranch 113
IN THE MATTER OF THEADOPTION OF THE MINOR, JULIEANN COMIA CLARIZA
,
SPOUSES BENJAMIN M. CLARIZAand ISABELITA C. CLARIZA,
Petitioners.
x------------------------------------------------------xSpec. Proc. No. R-PSAY-10-03902-CV
MOTION FOR LEAVE TOTAKE DEPOSITION OF PETITIONERSUPON ORAL EXAMINATION
Petitioners, by counsel, respectfully state:1.In early part of 2010, the petitioners, who migrated to the UnitedStates in 1998, arrived in the Philippines for their yearly visit and to file andprosecute the instant Petition for the Adoption of minor Julie Ann Clarizza,which they filed with this Honorable Court on 24 June 2010.2.On 12 July 2010, this Honorable Court issued an Order settingthe initial hearing of this case on 23 September 2010 at 8:30 a.m..
 
3.Petitioners respectfully manifest that they could not possiblyattend the hearing on 23 September 2010 and the subsequent hearings thatmay be scheduled by the Honorable Court for the reception of theirtestimony because they are already scheduled to leave the Philippines forthe United States on
5 AUGUST 2010
.4.Due to their predicament, the petitioners pray of this HonorableCourt that they be granted leave to take their deposition upon oralexamination pursuant to Section 1, Rule 23 of the 1997 Rules of CivilProcedure, to wit:“SECTION 1.
Depositions pending action, when may betaken. –
By leave of court after jurisdiction has been obtainedover any defendant or over property which is the subject of theaction, or without such leave after an answer has been served,the testimony of any person, whether a party or not, may betaken, at the instance of any party, by deposition upon oralexamination or written interrogatories. The attendance of witnesses may be compelled by the use of subpoena as providedin Rule 21. Depositions shall be taken only in accordance withthese Rules. The deposition of a person confined in prison maybe taken only by leave of court on such terms as the courtprescribes.”5.Section 10 and 14, Rule 23 of the 1997 Rules of Civil Procedureprovide that within the Philippines, the said deposition may be taken beforeany judge, notary public, or any person authorized to administer oaths.6.Since the Honorable Court had already obtained jurisdiction overthe person of the petitioners upon their filing of their instant Petition, theyare within their right to request for leave of court to take their testimony bydeposition upon oral examination.
 
PRAYER
WHEREFORE, in the interest of justice, it is most respectfully prayedthat an Order be issued by this Honorable Court allowing the petitioners totake their testimony by deposition upon oral examination before thisHonorable Court on
29 JULY 2010
at 8:30 a.m.Other measures of relief, just and equitable in the premises, arelikewise prayed for.Makati City for Pasay City, 21 July 2010.
QUIAL GINEZ & BELTRAN
5/F M.G. Building, 150 Amorsolo St.Legaspi Village, Makati CityBy:
WINSTON M. GINEZ
Roll No. 41114PTR No. 2118835/01-15-10/MakatiIBP No. 810214/01-08-10/ZambalesMCLE No. III-0015506/ 05-04-10/Pasig City
 JOEL RAYMOND R. ARCINUE
Roll No. 54631PTR No. 2118834/01-15-10/Makati CityIBP No. 810212/01-08-10/Makati CityMCLE No. III-0015410, issued on 05-04-10/ Pasig City

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