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Rule 23 (Section 22-29)

This document summarizes sections 22-29 of Rule 23 regarding depositions in pending civil actions. Some key points include: - If a party fails to attend a deposition they noticed, the court may order them to pay expenses of the other party [Section 23]. - If a party fails to subpoena a witness for a deposition, the court may also order them to pay other parties' expenses [Section 24]. - The process for serving interrogatories and cross/re-direct interrogatories in a deposition by written questions is outlined [Section 25]. - Most errors in a deposition are waived if not promptly objected to in writing, except objections to witness competency or testimony relevance [Section 29

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Gretchen Canedo
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79 views18 pages

Rule 23 (Section 22-29)

This document summarizes sections 22-29 of Rule 23 regarding depositions in pending civil actions. Some key points include: - If a party fails to attend a deposition they noticed, the court may order them to pay expenses of the other party [Section 23]. - If a party fails to subpoena a witness for a deposition, the court may also order them to pay other parties' expenses [Section 24]. - The process for serving interrogatories and cross/re-direct interrogatories in a deposition by written questions is outlined [Section 25]. - Most errors in a deposition are waived if not promptly objected to in writing, except objections to witness competency or testimony relevance [Section 29

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Gretchen Canedo
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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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RULE 23.

DEPOSITIONS
PENDING ACTIONS
Section 22 – Section 29
Civil Procedure, Judge Ronald S. Tolentino

Gretchen B. Canedo
Reporter
Section 22. Furnishing copies. — Upon payment of reasonable
charges therefor, the officer shall furnish a copy of the deposition to
any party or to the deponent. (22, R24)
Section 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 party the amount of the reasonable expenses
incurred by him and his counsel in so attending, including reasonable
attorney's fees. (23a, R24)
Illustration
 Suppose the opposing counsel is
from Manila. He was notified
of the schedule of the taking
of a deposition of a witness in
Davao and he came over.
 But the deposition did not
proceed because the party
sending the notice did not show
up. So he caused the other party
a lot of inconvenience.
 The Manila lawyer can file a
motion in court to ask for
reimbursement of all his
expenses in this case.
Section 24. Failure of party giving notice to serve subpoena. —
If the party giving the notice of the taking of a deposition of a witness fails
to serve a subpoena upon him and the witness because of such failure
does not attend, and if another party attends in person or by counsel
because he expects the deposition of that witness to be taken, the court
may order the party giving the notice to pay to such other party the amount
of the reasonable expenses incurred by him and his counsel in so
attending, including reasonable attorney's fees. (24a, R24)

NOTE: If the party giving the


notice of the taking of a
deposition does not take the
necessary steps to have the
witness subpoenaed in time,
he may also be made to pay
for his negligence
Section 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
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 so served may
serve cross-interrogatories 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)
 Within 10 days - a party so served may serve cross-
interrogatories upon the party proposing to take the
deposition
 Within 5 days – the party proposing may serve re-
direct interrogatories upon a party who has served cross-
interrogatories
 Within 3 days – a party may serve recross-
interrogatories upon the party proposing to take the
deposition
 This mode of deposition is available if the
deponent is in a distant place
 The difference between a deposition upon oral
examination and written interrogatories is that
in oral examination, the questions and
the answers are oral.
 The notice under this Section, unlike that under Section 15, need not
state the time and place for the taking of the deposition, because the
presence of the parties is not necessary thereat
 It is the officer (i.e. Consul officer) taking the deposition who will
designate the time and place who will propound the written
questions to the witness.
Subpoena for Deposition-taking
 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.
Section 26. Officers to take responses and prepare record.
— A copy of the notice and copies of all interrogatories served shall be
delivered by the party taking the deposition to the officer designated in
the notice, who shall proceed promptly, in the manner provided by
sections 17, 19 and 20 of this Rule, to take the testimony of the
witness in response to the interrogatories and to prepare, certify, and
file or mail the deposition, attaching thereto the copy of the notice and
the interrogatories received by him. (26, R24)
Section 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 therefor. (27, R24)
Section 28. Order for the protection of parties and deponents.
— After the service of the 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 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)
Are the mistakes in deposition taking fatal?
 Majority of all the errors are waived if
objection thereto is not promptly made!
Section 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) As to disqualification of officer. — Objection to


taking a deposition because of disqualification of the officer
before whom it is to be taken is waived unless made before
the taking of the deposition begins or as soon thereafter as
the disqualification becomes known or could be discovered
with reasonable diligence.
Section 29. Effect of errors and irregularities in depositions. —
 (c) As to competency or relevancy of evidence. —
Objections to the competency of witness or the competency,
relevancy, or materiality of testimony are not waived by failure to
make them before or during the taking of the deposition, unless
the ground, of the objection is one which might have been
obviated or removed if presented at that time.

 (d) As to oral examination and 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 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.
Section 29. Effect of errors and irregularities in depositions. —
 (e) As to form of written interrogatories. — Objections
to the form of written interrogatories submitted under sections
25 and 26 of this Rule are waived unless served in writing upon
the party propounding them within the time allowed for serving
succeeding cross or other interrogatories and within three (3) days
after service of the last interrogatories authorized.

 (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)

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