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MODES OF DISCOVERY

Rules 23-28 provide for the DIFFERENT MODES OF DISCOVERY.


DISCOVERY - is the procedure by which one party in an action is enabled to obtain before trial knowledge of relevant facts and of
material evidence in the possession of the adverse party or of a witness.
*** Rationale of discovery: to enable the parties to obtain the fullest possible knowledge of the issues and evidence long before the
trial to prevent such trial from being carried on in the dark.
*** Discovery is NOT MANDATORY but failure to avail carries sanctions in Rules 25 and 26.
KIND of MANNER & TO/BY WHOM
DISCOVERY TIME & PURPOSE
1) Deposition pending action a) by leave of court after jurisdictionTo any person whether a party or not at
upon oral or written obtained over the person or subject. the instance of any party.
interrogatories
b) without leave after answer have been Purpose: to get oral or written admissions
served. from a witness.
2) Deposition before action a) by a verified petition in the court of theBy any person who desires to perpetuate
place of residence of any expectedhis own testimony or that of another.
adverse party/
Purpose: future action
3) Deposition pending appeal By leave of court if an appeal has been By appellee or appellant
taken or before taking it before expiration
period Purpose: for appeal or future proceedings
4) Interrogatories a) by leave of court after jurisdictionBy and to any party desiring to elicit
obtained over the person or subject material and relevant facts

b) without leave after answer have been Purpose: to elicit material and relevant
served facts
5) Request for Admission By a written request for admission after By any party filed and served upon
issues have been joined adverse party

Purpose: for admission of:

a) Genuineness of any material


documents

b) Truth of material facts


6) Production or inspection of Upon motion to the court and showingBy and to any party for
documents or things good cause with notice to all
Purposes:
a) Produce, inspect and copy documents,
objects or things not privilege and
material evidence to a case

b) Entry and inspection of place.


7) Physical and mental Upon motion to the court and showingBy any party against the party whose
examination good cause with notice to all mental ormental or physical condition is in
physical condition of a party is incontroversy
controversy.
Purposes: Ascertain the physical or
mental condition of a party material to
the action
*** The various modes of discovery are clearly intended to be cumulative, and not alternative or mutually exclusive
*** Fishing expeditions are allowed in discovery, EXCEPT in motions for productions of documents
PRINCIPAL BENEFITS IN MODES OF DISCOVERY
1. Great assistance in ascertaining the truth and preventing injury because the witness is not coached and memory still fresh;
2. Effective in detecting fake, fraudulent or sham claims;
3. Simple, convenient and inexpensive way of obtaining facts;
4. Educates the parties of the real values of their claims thereby encouraging settlements;
5. Expedite proceedings and helps unclog court dockets;
6. Safeguard against surprise trials;
7. Facilitates preparation and trial of cases.

PURPOSE OF THE MODES OF DISCOVERY:


1. to narrow and clarify basic issues between the parties,
2. as a device for ascertaining the facts relative to those issues
3. to support a motion for summary judgment (Rule 35)
BILL OF PARTICULARS MODES OF DISCOVERY
To make ultimate facts more definite, not to supply To discover evidentiary facts
evidentiary matters
To prepare for responsive pleading To prepare for trial (abbreviates trial)
v Denial of Bills of Particulars does not bar the use of the Modes of Discovery. It is cumulative
LIMITATIONS OF MODES OF DISCOVERY
1. When it can be shown that the examination is being conducted in bad faith
2. When it can be shown that the examination is being conducted is such a manner as to annoy, embarrass, or oppress the person subject to the inquiry
3. Irrelevant
4. Privileged matters

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