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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    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.