MODES OF DISCOVERY, SUMMARY JUDGMENT AND JUDGMENT ON THE PLEADINGS Legal Forms Group 3 Summary

Mode of Discovery - It is a device employed by a party to obtain information about relevant matters on the case from the adverse party in preparation for trial; it may be used by all parties to the case. Rule 23 and 24 Depositions Depositions - taking of the testimony of any person, whether a party or not, but at the instance of the parties to the action; taken out of court.  Oral examination or Written interrogatories  for use in a future action during a pending action or for use in a pending appeal 1.may be used against any party who was present or represented at the taking of the deposition 2.may be used against one who had due notice of the deposition

Rule 25 Interrogatories to Parties  to elicit material and relevant facts from any adverse party  Form – the party sends their question in writing to both the person interrogated and the other party’s counsel Rule 26 Admission by Adverse Party  to allow one party to request the adverse party in writing to admit certain material and relevant facts which most likely will not be disputed during trial  Party may request the other to: admit the genuineness of any material or relevant document admit the truth of any material and relevant matter of fact

Rule 27 Production or Inspection of Documents or Things  to allow a party to seek an order from the court to: a)order any party to produce and permit the inspection and copying or photographing of any documents, books, etc., which are in his possession b)order any party to permit entry upon a designated land or other property Rule 28 Physical and Mental Examination of Persons  applies to an action in which the mental or physical condition of a party is in controversy

Rule 29 Refusal to comply with Modes of Discovery  Refusal to: a) answer designated or particular question, b.) produce documents or things, c) submit to physical or mental examination d) to be Sworn Failure to attend depositions or to serve answers to interrogatories 1.strike out pleading or parts thereof, 2.enter a judgment by default, 3.order payment of reasonable expenses, including atty’s fees

Rule 34 JUDGMENT ON THE PLEADINGS Rule 35 SUMMARY JUDGMENT There is absence of a factual issue because the answer does not tender any issue at all There is an issue but it is NOT a genuine issue Filed by a claiming party or counterclaimant May be filed by either the claiming party or the defendant Based on the pleading alone Based on the pleadings, affidavits, depositions and admissions Only a 3-day notice is required prior the date or hearing on the motion for judgment on the pleadings based on the regular rules on motions 10-day notice is required in a motion for summary judgment Motion for Summary Judgment  In a form of a motion  Show that there is no genuine issue to a material fact  Show the legal basis and legal argument  Don’t forget the notice of hearing  Don’t forget also put the explanation if the motion was not served through personal service or through registered mail