Mode of Discovery: Depositions

Depositions
• Taking of the testimony of any person,
whether he be a party or not, but at the
instance of a party to the action.
 Deposition with leave of Court
• Deposition of a witness may or may not be by
leave of court.
• After the trial court has acquired jurisdiction
over the defendant or over property which is
the subject of the action, deposition may be
undertaken by leave of court.
 Form No. 121:
Motion For Leave To Take Deposition
• PLAINTIFF, by counsel and to this Honorable Court, respectfully alleges:

1. That Honorable Court has already acquired jurisdiction over person of the defendant by
his voluntary appearance by filing a motion to file an extension to file his answer to the
complaint.
2. Pursuant to Sec. 1 of Rule 12, deposition may be taken by leave of court after the trial
court shall have acquired jurisdiction over the person of the defendant before he files his
answer.

WHEREOF, plaintiff respectfully prays that he be given leave of court to take deposition of
Mr. ______, with address at ________, at such time and place before notary public, to be
taken after leave of court shall have been granted.

Place and date.

Counsel. Form No. 8

Notice of Hearing. Form No. 12
Service of motion
Proof of service
 Deposition without leave of Court
• After the answer shall have been filed,
deposition may be undertaken without leave
of court.
 Form No. 122:
Notice to take deposition upon oral examination
Atty. __________
Counsel for defendant/plaintiff
Address

Place take notice that on ___ the undersigned counsel for _____ in Civil Case No. __, entitiled _______, RTC,
Cagayan de Oro City, will take the deposition of Mr. _______, with address at _______, before Notary Public
______ at the latter’s address at _______ at 10:00 a.m., upon oral examination. The oral examination will
continue from day to day at the same time and place until the oral examination is completed.

Place and date.

Counsel. Form No. 8

Service upon counsel of

Adverse party, and upon
_____ whose deposition
Is sought, and upon the
Notary Public.
Proof of service
 Form No. 123:
Notice to take deposition upon written
interrogatories.
Atty. ______
Counsel for defendant/plaintiff
Address

Place take notice that on ___ the undersigned counsel for _____ in Civil Case No. __, entitiled _______, RTC, Cagayan
de Oro City, will take the deposition of Mr. _______, with address at _______, before Notary Public ______ at the
latter’s address at _______ at 10:00 a.m., upon written interrogatories and to continue from day to day at the same
time and place until the interrogatories shall have been completed. Attached are the written interrogatories.

Place and date.

Counsel. Form No. 8

Service upon counsel of

Adverse party, and upon
_____ whose deposition
Is sought, and upon the
Notary Public.
Proof of service
 Form No. 124:
PETITION FOR LETTERS ROGATORY
PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. For the purpose completing plaintiff’s evidence, so that a just and fair decision may be rendered in the instant case, it is
necessary that the testimony of _______, who is at present residing in the United States at ______, U.S.A., be taken by means of
deposition upon written interrogatories, attached herewith as Annex ä”, at the Philippine Consulate at its offices in ______, New
York, U.S, before any Philippine consular representative thereat, at such date and time as the latter may fix.

2. If the adverse party desires, he may serve cross-interrogatories to be filed in court, so that the direct interrogatories and cross-
interrogatories may both be sent to the Philippine Consulate at the above-indicated address.

WHEREFORE plaintiff respectfully prays that an order issue directing the adverse party, the defendant, to submit his written cross-
interrogatories with ten (10) days from notice, requiring the clerk of court to issue letters rogatory directed to the Philippine
consular representative in the Philippine Consular Office at _____
U.S.A. to take the examination upon interrogatories attached herewith, at such date and time as the consular representative may
schedule, with notice to the witness _____ to appear and testify therein; and thereafter, to submit the record of deposition to the
Court which issued this order, with notice to both parties.

Pace and date.

Counsel. Form No. 8

Service upon counsel of

Adverse party, and upon
_____ whose deposition
Is sought, and upon the
Notary Public.
Proof of service
 Form No. 125:
Motion to terminate or limit examinations

The form may be formulated and filed with the trial court, pursuant to Sec. 18,
Rule 23, which reads:
Section 18. Motion to terminate or limit examination. — At any time during the
taking of the deposition, on motion or petition of any party or of the deponent,
and upon a showing that the examination is being conducted in bad faith or in
such manner as unreasonably to annoy, embarrass, or oppress the deponent or
party, the court in which the action is pending or the Regional Trial Court of the
place where the deposition is being taken may order the officer conducting the
examination to cease forthwith from taking the deposition, or may limit the scope
and manner of the taking of the deposition, as provided in section 16 of this Rule.
If the order made terminates the examination, it shall be resumed thereafter only
upon the order of the court in which the action is pending. Upon demand of the
objecting party or deponent, the taking of the deposition shall be suspended for
the time necessary to make a notice for an order. In granting or refusing such
order, the court may impose upon either party or upon the witness the
requirement to pay such costs or expenses as the court may deem reasonable.
 Form No. 126:
Certification and filing by officer
Caption
X-------------------x

DEPOSITION OF _______.
Records of the deposition upon oral examination (upon written interrogatories, as the case may be). Taken before
Notary Public ________ for and in the City of Manila, Philippines, this __ day of ____ 200 at 10:00 a.m., pursuant to the
attached notice to take deposition on behalf of plaintiff (or defendant, as the case may be) in the above-entitled action.

Appearances:
(Copy)
Testimonies
Antonio de Zabala, after having been duly sworn, testified orally as follows:

Direct examination:
(Copy)

Cross-examination.
(Copy)

Re-direct examination:
(Copy)

The above deposition was signed by _____ who gave said deposition, and the same is hereby certified by the
undersigned notary public to be faithful reproduction thereof.
(Signed) NOTARY PUBLIC