Modes of Discovery Table

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

Purpose: for admission of: a) Genuineness of any material documents b) Truth of material facts 6) Production or inspection Upon motion to the court and By and to any party for of documents or things showing 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 By any party against the party examination showing good cause with notice to whose mental or physical all mental or physical condition of condition is in controversy a party 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 To discover evidentiary facts supply evidentiary matters To prepare for responsive pleading

To prepare for trial (abbreviates trial)

 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