Modes of Discovery

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 DISCOVERY	MANNER & TIME	TO/BY WHOM & PURPOSE
1) Deposition pending action upon oral or written interrogatories	a) by leave of court after jurisdiction obtained over the person or subject. b) without leave after answer have been served.	To any person whether a party or not at the instance of any party. Purpose: to get oral or written admissions from a witness.
2) Deposition before action	a) by a verified petition in the court of the place of residence of any expected adverse party/	By any person who desires to perpetuate his own testimony or that of another. Purpose: future action
3) Deposition pending appeal	By leave of court if an appeal has been taken or before taking it before expiration period	By appelle or appellant Purpose: for appeal or future proceedings
4) Interrogatories	a) by leave of court after jurisdiction obtained over the person or subject b) without leave after answer have been served	By and to any party desiring to elicit material and relevant facts Purpose: to elicit material and relevant facts
5) Request for Admission	By a written request for admission after issues have been joined	By any party filed and served upon adverse party Purpose: for admission of: a) Genuineness of any material documents b) Truth of material facts
6) Production or inspection of documents or things	Upon motion to the court and showing good cause with notice to all	By and to any party for 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 examination	Upon motion to the court and showing good cause with notice to all mental or physical condition of a party is in controversy.	By any party against the party whose mental or physical condition is in controversy Purposes: Ascertain the physical or mental condition of a party material to the action

***  The various modes of discovery are clearly intended to be cumulative, and not alternative or mutually exclusive

***  Fishing expeditions are allowed in discovery, EXCEPT in motions for productions of documents

          

 PRINCIPAL BENEFITS IN MODES OF DISCOVERY

1.  Great assistance in ascertaining the truth and preventing injury because the witness is not coached   and memory still fresh;

2.  Effective in detecting fake, fraudulent or sham claims;

3.  Simple, convenient and inexpensive way of obtaining facts;

4.  Educates the parties of the real values of their claims thereby encouraging settlements;

5.  Expedite proceedings and helps unclog court dockets;

6.  Safeguard against surprise trials;

7.  Facilitates preparation and trial of cases.

PURPOSE OF THE MODES OF DISCOVERY:

1. to narrow and clarify basic issues between the parties,
2. as a device for ascertaining the facts relative to those issues
3. to support a motion for summary judgment (Rule 35)
4.  

BILL OF PARTICULARS	MODES OF DISCOVERY
To make ultimate facts more definite, not to supply evidentiary matters	To discover evidentiary facts
To prepare for responsive pleading	To prepare for trial (abbreviates trial)

v  Denial of Bills of Particulars does not bar the use of the Modes of Discovery. It is cumulative

LIMITATIONS OF MODES OF DISCOVERY

1. When it can be shown that the examination is being conducted in bad faith
2. When it can be shown that the examination is being conducted is such a manner as to annoy, embarrass, or oppress the person subject to the inquiry
3. Irrelevant
4. Privileged matters