Civil Procedure: Rule 24 Depositions before Action or Pending Appeal

Section 1.  Depositions before action; petition. – A person who desires to perpetuate his own testimony or taht of another person regarding any matter that may be cognizable in any court of the Philippines, may file a verified petition in the court of the place of the residence of any expected adverse party.

 

Section 2.  Contents of petition. – The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expects to be a party to an action in a court of the Philippines but is presently unable to bring it or cause it to be brought; (b) the subject matter of the expected action and his interest therein; (c) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it; (d) the names or a description of  the persons he expects will be adverse parties and them addresses so far as known; and (e) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony.

 

Section 3.  Notice and service. – The petitioner shall serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition; stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition.  At least twenty (20) days before the  date of the hearing, the court shall casue notice thereof to be served on the parties and prospective deponenets int he manner provided for service of summons.

 

Section 4.  Order and examination. – If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depostion may be takne and specifying the subject matter of the examination and wherher the depositions shall be taken upon oral examination or written interrogatories.  The depositions may then be taken in accordance with Rule 23 before the hearing.

 

Section 5. Reference to court. – For the purpose of applying Rule 23 to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

 

Section 6.  Use of deposition. – If a deposition to perpetuate testimony is taken under this Rule,or if, although not so taken, it would be admissible in evidence, it may be used in any action involving the smae subject matter subsequently brought in accordance with the provisions of sections 4 and 5 of Rule 23.

 

Section 27.  Depositions pending appeal. – If an appeal has been taken from a judgment of a court, including the Court of Appeals in proper cases, or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court.  In such case the party who desires to perpetuate the testimony may make a motion in the said court for leave to take the depositions, upon the smae notice and service thereof as if the action was pending therein..  The motion shall state a) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each; and (b) the reason for perpetuating their testimony.  If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions so be taken, and thereupon the depositions may be takne and used in the same manner and under the smae conditions as are prescribed in these Rules for depositions taken in pending actions.

 

Source:  University of the Philippines