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Modes of Discovery

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12 views10 pages

Modes of Discovery

Uploaded by

mylife askirsten
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MODES OF DISCOVERY

WHAT IS THE RIGHT TO MODES OF DISCOVERY?

> It is the right of the accused to move for the production or


inspection of material evidence in the possession of the prosecution.

> It authorizes the defense to inspect, copy, or photograph any evidence


of the prosecution in its possession after obtaining permission of the court.
WHAT IS THE PURPOSE OF THIS RIGHT?
> The purpose is to prevent surprise to the accused and the
suppression or alteration of evidence

IS THIS RIGHT AVAILABLE DURING PRELIMINARY


INVESTIGATION?
> Yes
> When indispensable to protect his constitutional right to life,
liberty and property
Discovery
- is a device emplyed by a party to obtain, from the adverse party,
information about relevant matters on the case in preparation for
the trial.

Note:
Now, parties are allowed to have knowledge of relevant facts in
possession of the adverse party and to require the disclosure of
evidence even prior to trial.
What is the broad purspose of discovery procedure?

- To permit mutual knowledge before trial of all relevant facts


gathered by both parties so that either party may compel the
other to disgorge facts whatever he has in his possession.
- The modes of discovery are designed to serve as an additional
device for settlement aside from pre-trial.
“The various modes or instruments of discovery are meant to serve:
1. As a device, along with the pre-trial hearing x x x to narrow and
clarify the basic issues between the parties, and
2. As a device fo ascertaining the facts relative to those issues.

The evident purpose is x x x to enable the parties, consistent with


recognized privileges, to obtain the fullest possible knowledge of the
issues and facts before civil trials and thus prevent that said trials are
carried on in the dark”
(Fortune Corporation v. CA)
Duty of the Court in relation to the modes of discovery

 Preparing the summons within the day from the receipt of the
complaint;
 Required to issue an order requiring the parties to avail of
interogaties to parties under Rule 25;
 Request for admission by adverse party under Rule 26;
 At their discretion, make use of depositions under Rule 23;
 Or other measures under Rules 27 and 28 within 5 days from
the filing of the answer.
A copy of this order shall be served upon the defendant together
with the summons.

A copy of the order shall also be served upon the plaintiff.

Under Administrative Order No. 03-1-09-SC, the use of


interrogaties to the partiew (Rule 25) and request for admission
(Rule 26) is mandatory while the availment of other modes of
discovery are merelt discretionary on the parties.
Modes of doscovert under the Rules of Court

a. Depositions pending action (Rule 23);


b. Depositions before action or pending appeal (Rule 24);
c. Interrogaties to parties (Rule 25);
d. Admission by adverse party (Rule 26);
e. Production or inspection of documents or things (Rule 27);
f. Physical and mental examination of persons (Rule 28)
Rule 23: DEPOSITIONS PENDING ACTION (deposition
de benne esse)

Deposition – is the taking, out of court of the testimony of any


person whether he be a party or not, but at the instance of a
party to the action.

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