MODES OF DISCOVERY
KIND of
DISCOVERY
MANNER &
TO/BY WHOM
TIME
& PURPOSE
1) Deposition pending a) by leave of court after To any person whether a
action upon oral or jurisdiction obtained over the party or not at the instance
written interrogatories person or subject.
of any party.
(Rule 23)
b) without leave after answer Purpose: to get oral or
have been served.
written admissions from a
witness.
2) Deposition
before a) by a verified petition in the By any person who desires to
action (Rule 24, Sec. 1) court of the place of perpetuate
his
own
residence of any expected testimony or that of another.
adverse party/
Purpose: future action
3) Deposition pending By leave of court if an appeal By appelle or appellant
appeal (Rule 24, Sec. 7) has been taken or before
taking it before expiration Purpose: for appeal or future
period
proceedings
4) Interrogatories
a) by leave of court after By and to any party desiring
(Rule 25)
jurisdiction obtained over the to elicit material and relevant
person or subject
facts
5) Request
Admission
(Sec. 1, Rule 26)
b) without leave after answer
have been served
for By a written request for
admission after issues have
been joined
Purpose: to elicit material and
relevant facts
By any party filed and served
upon adverse party
Purposes: for admission of:
a) Genuineness of
material documents
any
b) Truth of material facts
6) Production
or Upon motion to the court By and to any party for
inspection
of and showing good cause
documents or things
with notice to all
Purposes:
(Rule 27)
a) Produce, inspect and copy
documents, objects or things
not privilege and material
evidence to a case
7) Physical and mental Upon motion to the court
examination
and showing good cause
(Rule 28)
with notice to all mental or
physical condition of a party is
in controversy.
b) Entry and inspection of
place.
By any party against the
party whose mental or
physical condition is in
controversy
Purposes:
Ascertain
the
physical or mental condition
of a party material to the
action


The various modes of discovery are cumulative and not alternative or mutually exclusive
Fishing expeditions are allowed in discovery, except in motions for productions of
documents