Modes Of Discovery

Sec. 10. Production or inspection of material evidence in possession of prosecution. Upon motion
of the accused showing good cause and with notice to the parties, the court, in order to prevent
surprise, suppression, or alteration, may order the prosecution to produce and permit the
inspection and copying or photographing of any written statement given by the complainant and other
witnesses in any investigation of the offense conducted by the prosecution or other investigating
officers, as well as any designated documents, papers, books, accounts, letters, photographs,
object, or tangible things not otherwise privileged, which constitute or contain evidence material to
any matter involved in the case and which are in the possession or under the control of the prosecution,
police, or other law investigating agencies.

WHAT IS THE RIGHT TO MODES OF DISCOVERY?

> It is the right of the accused to move for the production or inspection of material evidence in the
possession of the prosecution
> It authorizes the defense to inspect, copy, or photograph any evidence of the prosecution in its possession
after obtaining permission of the court

WHAT IS THE PURPOSE OF THIS RIGHT?

> The purpose is to prevent surprise to the accused and the suppression or alteration of evidence

IS THIS RIGHT AVAILABLE DURING PRELIMINARY INVESTIGATION?

> Yes
> When indispensable to protect his constitutional right to life, liberty and property

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 MANNER & TO/BY WHOM

DISCOVERY TIME & PURPOSE

1) Deposition pending action a) by leave of court after jurisdiction To any person whether a party or not
upon oral or written obtained over the person or subject. at the instance of any party.
interrogatories
b) without leave after answer have Purpose: to get oral or written
been served. admissions from a witness.

2) Deposition before action a) by a verified petition in the court of By any person who desires to
the place of residence of any expected perpetuate his own testimony or that
adverse party/ of another.

Purpose: future action

3) Deposition pending appeal By leave of court if an appeal has been By appelle or appellant
taken or before taking it before
expiration period Purpose: for appeal or future
proceedings

4) Interrogatories a) by leave of court after jurisdiction By and to any party desiring to elicit
obtained over the person or subject material and relevant facts

b) without leave after answer have Purpose: to elicit material and relevant
been served facts

5) Request for Admission By a written request for admission after By any party filed and served upon
issues have been joined adverse party
 Purpose: for admission of:

a) Genuineness of any material

documents

b) Truth of material facts

6) Production or inspection of Upon motion to the court and showing By and to any party for
documents or things good cause with notice to all
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 Upon motion to the court and showing By any party against the party whose
examination good cause with notice to all mental or mental or physical condition is in
physical condition of a party is in controversy
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 To discover evidentiary facts
evidentiary matters

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