MODES OF DISCOVERY

Rules 23-28 provide for the DIFFERENT MODES OF DISCOVERY.

DISCOVERY - is the procedure by which one party in an action is enabled to obtain before trial
knowledge of relevant facts and of material evidence in the possession of the adverse party or
of a witness.

***  Rationale of discovery: to enable the parties to obtain the fullest possible knowledge of the issues and evidence
long before the trial to prevent such trial from being carried on in the dark.

***  Discovery is NOT MANDATORY but failure to avail carries sanctions in Rules 25 and 26.

KIND of MANNER & TO/BY WHOM

DISCOVERY TIME & PURPOSE
1) Deposition pending a) by leave of court after To any person whether a party
action upon oral or jurisdiction obtained over the or not at the instance of any
written interrogatories person or subject. party.

b) without leave after answer Purpose: to get oral or written

have been served. admissions from a witness.
2) Deposition before a) by a verified petition in the By any person who desires to
action court of the place of residence perpetuate his own testimony
of any expected adverse party/ or that of another.

Purpose: future action

3) Deposition pending By leave of court if an appeal By appelle or appellant
appeal has been taken or before taking
it before expiration period Purpose: for appeal or future
proceedings
4) Interrogatories a) by leave of court after By and to any party desiring to
jurisdiction obtained over the elicit material and relevant
person or subject facts

b) without leave after answer Purpose: to elicit material and

have been served relevant facts
5) Request for By a written request for By any party filed and served
Admission admission after issues have upon adverse party
been joined
Purpose: for admission of:

a) Genuineness of any
material documents

b) Truth of material facts

6) Production or Upon motion to the court and By and to any party for
inspection of documents showing good cause with
or things 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.
7) Physical and mental Upon motion to the court and By any party against the party
examination showing good cause with whose mental or physical
notice to all mental or physical condition is in controversy
condition of a party is in
controversy. Purposes: Ascertain the
physical or mental condition of
a party material to the action