RULE 22 location of

COMPUTATION OF TIME any books

1. How to compute a period of time as prescribed or
allowed by these Rules, or by an order of the court,
or by any applicable statute?
Exclude - the day of the act or event from which the
designated period of time begins to run.
Include - the date of performance of the act or event
2. What if the last day of the period falls on a
Saturday, Sunday, or a legal holiday in the place
where the court sits?
The time shall not run until the next working day.
3. What happens if a certain act that should be done
effectively interrupts the running of the period?
The allowable period after such interruption shall start to
run on the day after notice of the cessation of the cause
thereof.
Exclude the day of the act that caused the
interruption, in the computation of the period.
RULE 23
DEPOSITIONS PENDING ACTION
1. How is deposition pending action be taken?
A. By leave of court
after jurisdiction over any defendant has
been obtained
after jurisdiction over the property which
is the subject of the action has been
obtained
B. Without leave of court
after an answer has been served
C. at the instance of any party
D. upon oral examination or written interrogatories
E. only in accordance with these rules (Rule 23)
documents, or
other tangible things
identity and location of persons having
knowledge of relevant facts
5. Are examination and cross-examination of
deponents allowed during trial?
YES. Examination and cross-examination of deponents
may proceed as permitted at the trial under Sections 3 to
18 of Rule 132 (Presentation of Evidence).
6. What are the instances where such depositions
may be used?
Depositions are used:
a. at the trial
b. upon a hearing of a motion
c. upon a hearing of an interlocutory proceeding
7. To what extent is the use of the deposition?
a. all of the deposition may be used, or
b. any part of it may be used
c. so far as admissible under the rules of evidence
8. To whom the deposition may be used?
The deposition may be used against:
a. any party who was present or represented at
the taking of the deposition
b. any party who had due notice thereof

2. From whom the deposition of testimony be taken?

From any person whether a party or not to the action.
Those who are not parties are the witnesses.

3. How may the witness be compelled to attend the

deposition pending action?
The attendance of witnesses may be compelled by the
use of a subpoena as provided in Rule 21.

4. What matters may be examined from the

deponent during deposition pending action?
Unless otherwise ordered by the court as provided in
Section 16 (Orders for the protection of parties and
deponents) or Section 18 (Motion to terminate or limit
examination) of this Rule, the deponent may be
examined regarding any matter, not privileged, which is
relevant to the subject of the pending action whether:
relating to the claim or defense of any other
party including the
existence
description
nature
custody
condition, and