Tranqs Civpro 4
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Transcript of Tranqs Civpro 4
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7/25/2019 Tranqs Civpro 4
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Depositions
can also be taken in criminal cases rule 119
for as long as its relevant and not privileged..pwede idepose
oral and written interrogatories:objections to taking depositions
effect of errors or irregularities generally waivable sa depositions..except competency of evidence kasicourt function ang determination ng competency
deposition pending actions are filed @ te place were te possible defendant resides..tis is a specialrule of venue
for petitions for certiorari under rule !"..apply for depositions pending action kasi di pa final angjudgment..
#or depo pending appeal..file @ te court tat rendered judgment
interrogatories to parties:only served to a party in a case$dun sa rule %&..kait sino
sa rule %"$its just a litany of 'uestions to someone na baka ttawagin mo as witness
an adverse party witness is not per se a ostile witness..kasi te latter as to be declared by te
court$before mo sya tawagin$(adverse party witness)..serve ka muna ng written interrogatories or else$di
pde$except if in te interest of justice..
*ses and application for deposition is te same for +.%& and %"
for +.%9 section 1 te effect is in sec.&pag di sinagot yung buong interrogatory$sec." ang effect
pysical and mental examination of personsinerent in te power of te court in criminal cases$
,rialcases na walang trial:agreement as to statement of facts in sec.! rule &-$summary judgment$judgment
on te pleadings
postponements for trial must ave been unforseen and unavoidable
can te power to receive evidence in te case be delegated /es$in exparte proceeding ie.land
registration$ default cases$if te parties agree
in an adoption case$te reception of evidence cannot be delegated to te clerk of court : kasi di pwede
idetermine ng clerk ang admissibility and rulings and objections
note0te clerk can issue subpoenasfor peeps and docs
consolidation:does not remedy forum sopping$bawal
trial by commissioner:
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7/25/2019 Tranqs Civpro 4
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any matter can be referred to a comm.basta parties agree$ mandatory for expropriation and judicial
partition
pag di nagkasundo ang mga parties
te powers of te comm.is from te 2rder of reference$and e sould be placed on oat.