Definition and Nature
A deposition, in its technical and appropriate sense, is the written testimony of a witness given under oath or affirmation before a commissioner, examiner, or other judicial officer, in advance of the trial or upon oral examination. It is taken in response to interrogatories and cross-interlocutory questions and is usually subscribed by the witness. The term also broadly describes any written statement verified by oath. The person whose testimony is taken is called a deponent. Depositions pending action are governed by Rule 23. Depositions before action or pending appeal are governed by Rule 24 and are for the perpetuation of testimony. Taking testimony is called a deposition.
Purpose and Function
Depositions are a mode of discovery. Discovery in general involves the disclosure of facts or writings in the knowledge, possession, or power of the defendant or any person, party, or production of deeds to maintain the action or proceeding. Depositions serve multiple purposes:
- Detecting and exposing false, fraudulent, and sham claims and defenses.
- Making information available in a simple, convenient, and often inexpensive way.
- Educating parties in advance of trial.
- Facilitating the disposal of litigation, saving time, and clearing the docket.
- Safeguarding against surprises at trial, preventing delays, and narrowing/simplifying issues.
- Facilitating both the preparation and trial of cases.
Depositions under Rule 24, concerning the perpetuation of testimony, do not prove the existence of any right but serve to perpetuate the testimony itself, which may be cognizable in court.
When and Where Depositions May Be Taken
Depositions pending action (Rule 23) may be taken upon ex parte motion any time after the commencement of the action, whenever necessary or convenient. The rule allowing deposition without leave of court after an answer is served has been abandoned. Depositions before action or pending appeal (Rule 24) perpetuate testimony. A petition for perpetuation of testimony under Rule 24 may be initiated by ex parte motion in a pending action. A deposition may be sought for use in a pending action (Rule 23) or a pending appeal (Rule 24). A person confined in prison can only be deposed with leave of court and on prescribed terms. Depositions can be used in court if the witness resides more than 100 kilometers away from the place of trial or hearing or is out of the Philippines.
How Depositions Are Taken
Depositions can be taken upon oral examination or written interrogatories. Oral examination requires notice, including the time and place, and the name and address of the person to be examined. The witness must testify under oath and be personally present, and the testimony is recorded. Objections should be noted at the time of examination. The scope of examination covers any relevant matter not privileged. Examination order is typically: direct, cross, re-direct, re-cross. A party desiring to take the deposition of any person upon written interrogatories serves them upon every other party with notice stating the person's name and address and the officer who will take the deposition. Cross-interrogatories must be served within ten (10) days, re-direct within five (5) days after receiving cross-interrogatories, and re-cross within three (3) days after receiving re-direct interrogatories.
Who May Be Deposed
Any person, whether a party to the action or not, may be deposed. This includes a party, officer, director, or managing agent of a public or private corporation, partnership, or association that is a party. Any other witness may also be deposed. A person whose deposition is taken by a party is considered a deponent.