Sample Motion For Leave To Take Deposition

 

Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch __, Davao City  ________________  ________ ___________  ___ 

SP PROC NO. ________  ______________  ______ 

 ________  ________________ ___________  ___   ________________  ________ ___________  ___   ________________  ________ ___________  ___ , Petitioner.

MOTION FOR LEAVE TO TAKE DEPOSITION OF PETITIONER COMES NOW  the Peti Petitio tioner ner,,  _________  ________________ __________  ___ , by and

through the undersigned counsel, and unto this Honorable Court, mostt res mos respec pectfu tfully lly files this Motion for Leave to Take Deposition of  Petitioner , by averring that: 1) On __ ____ ____ ____ ____ ____ ____ ____ __,, Peti Petiti tion oner er ffil iled ed a V Ver erif ifie ied d Pe Peti titi tion on for _________________________________; 2) On _ ___ ____ ____ ____ ____ ____ ____ ___, _, thi this s Ho Hono nora rabl ble e Co Cour urtt is issu sued ed an Order finding the Verified Petition to be sufficient, and set the same for hearing on ________________ at ____ o’clock in the morning; 3)

How owev ever er,, th the e Pe Peti tittione ionerr res respe pect ctfu full lly y ma mani nife fest sts s tha hatt she could not be able to attend the said hearing due to  ________________; 4) As a conseq nsequ uence, the Petitione nerr is con ons strai rained to ask this Honorable Court that she be granted leave to take her deposition upon oral examination pursuant to Section 1, Rule 23 of the 1997 Rules of Civil Procedure, to wit: “S “SEC ECTI TION ON 1. Depo Deposi siti tion ons s pend pendin ing g acti action, on, when wh en may be taken aken.. – By leav leave e of cour courtt aft after   jurisdiction has been obtained over any defendant or  over property which is the subject of the action, or  without such leave after an answer has been served, without the testimony of any person, whether a party or not, may ma y be take taken, n, at the the in inst stan ance ce of any any part party y, by 

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deposition upon pon ora rall exami amination or written interrogator interr ogatories. ies. The attendance attendance of witnesses witnesses may be compelled by the use of subpoena as provided in Rule 21. Depositions shall all be take aken only in accorda acc ordance nce with with these these Rules. Rules. The deposit deposition ion of a  person confined in prison may be taken only by leave of court on such terms as the court prescribes.”

5) Likew ewiise, purs pursu uan antt to Sec Sections 10 an and d 14 of Ru Rulle 23 of  the 1997 Rules of Civil Procedure, the said deposition may be taken befo be fore re an any y judg judge, e, no nota tary ry pu publ blic ic,, or an any y pe pers rson on au auttho hori rize zed d to administer oaths; 6) Based on the foregoing, it is humbly prayed of this Honorable Court that the taking of deposition upon oral examination of the Petitioner be made at ________________, on a date not later  than the schedule hearing on ________________; 7)

This motion is not in any way intended to delay the

proceedings but dictated solely for the reasons stated above. PRAYER WHEREFORE, PR PREMI EMISES SES CON CONSID SIDERE ERED D, it is most respectfully prayed of this Honorable Court that an Order be issued allowing the taking of testimony of the Petitioner by deposition at  ________________, on a date not later than the scheduled hearing on ________________.

Otherr re Othe reli lief efs s th that at are deeme deemed d jus justt and eq equit uitabl able e un under der the the premises are likewise prayed for. RESPECTFULLY SUBMITTED. Davao City, City, Philippines. _ ________________. _______________.

BY:: BY

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NOTICE OF HEARING THE CLERK OF COURT RTC, Branch __, Davao City

Greetings! Due to the urgency of the instant Motion and it being a nonlitigious motion, please take notice that the same shall be submitted fo forr th the e co cons nsid ider erat atio ion n an and d ap appr prov oval al of the the Ho Hono nora rabl ble e Co Cour urtt on  ________________ at ___ in the morning, morn ing, or as soon as counsel and the matter may be heard.

 ________________ 

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