Modes of Discovery

Purpose Manner & Time To/By Whom & Purpose Uses/ Scope of Effects or
Examination Failure to
Comply

Depositions Ex parte a) by leave of court after To any person whether a

pending action motion of jurisdiction obtained party or not at the
a party over the person or instance of any party.
subject.

Purpose: to get oral or

written admissions from a
b) without leave after witness.
answer have been
served.

Depositions Verified Referred to as a) by a verified petition By any person who

before action petition perpetuation of in the court of the place desires to perpetuate his
testimony for of residence of any own testimony or that of
future use expected adverse party/ another.

Purpose: future action

Depositions Motion for By leave of court if an By appelle or appellant to compel disclosure of

pending appeal leave appeal has been taken facts resting in the
or before taking it before Purpose: for appeal or knowledge of a party
expiration period future proceedings or
other person, which
are relevant in a suit or
proceeding.

Written a) by leave of court after By and to any party

Interrogatories jurisdiction obtained desiring to elicit material
over the person or and relevant facts
subject

Purpose: to elicit material

and relevant facts
b) without leave after
answer have been
served
 Modes of Discovery

Purpose Manner & Time To/By Whom & Purpose Uses/ Scope of Effects or
Examination Failure to
Comply

Request for By a written request for By any party filed and

Admission admission after issues served upon adverse
have been joined party

Purpose: for admission of:

a) Genuineness of any
material documents

b) Truth of material facts

Production or Upon motion to the By and to any party for

Inspection of court and showing good
Document 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.

Physical and Upon motion to the By any party against the

Mental court and showing good party whose mental or
Examination cause with notice to all physical condition is in
mental or physical controversy
condition of a party is in
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

 Modes of Discovery

***  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)