LAW 405

REMEDIAL LAW REVIEW

Online Assessment – Week 8
April 16, 2022

1. The respondent may appeal the decision in a habeas corpus case up to October 3 at
10:00 am.

2. Unless thereafter allowed by the court for good cause shown and to prevent a failure of
justice, a party not served with written interrogatories may not be compelled by the
adverse to: (1) give testimony in open court, or (2) to give a deposition pending appeal.
Thus a party not served with interrogatories may be called as an adverse party witness
by the other side.

3. The rule that the notice of dismissal would operate as an adjudication on the merits if
the plaintiff had once dismissed in a competent court an action based on or including
the same claim. Hence if plaintiff files a complaint based on the claim subject of the
second dismissal, the defendant may move to dismiss on the ground of res judicata.

4. A party to a civil action may access document under the control of a non-party thru
Subpoena duces tecum.

Under the rule, subpoena duces tecum may require the person to bring with him any
books, documents, or other things under his control.