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    Sample Motion For Leave To Take Deposition

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    Champ0418
    This document is a motion filed in a regional trial court in Davao City, Philippines requesting leave to take the deposition of the petitioner. The petitioner filed a verified petition but is unable to attend the scheduled hearing due to [reason not specified]. The motion requests an order allowing the petitioner's testimony to be taken by deposition before the scheduled hearing date, citing rules that allow depositions to be taken with court approval. The motion will be submitted to the court for consideration on a specified date.

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    © All Rights Reserved
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    Sample Motion For Leave To Take Deposition

    Uploaded by

    Champ0418
    3K views3 pages
    This document is a motion filed in a regional trial court in Davao City, Philippines requesting leave to take the deposition of the petitioner. The petitioner filed a verified petition but is unable to attend the scheduled hearing due to [reason not specified]. The motion requests an order allowing the petitioner's testimony to be taken by deposition before the scheduled hearing date, citing rules that allow depositions to be taken with court approval. The motion will be submitted to the court for consideration on a specified date.

    Original Description:

    Sample motion for leave to take deposition

    Original Title

    Sample Motion for Leave to Take Deposition

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    This document is a motion filed in a regional trial court in Davao City, Philippines requesting leave to take the deposition of the petitioner. The petitioner filed a verified petition but is unable to attend the scheduled hearing due to [reason not specified]. The motion requests an order allowing the petitioner's testimony to be taken by deposition before the scheduled hearing date, citing rules that allow depositions to be taken with court approval. The motion will be submitted to the court for consideration on a specified date.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    3K views3 pages

    Sample Motion For Leave To Take Deposition

    Uploaded by

    Champ0418
    This document is a motion filed in a regional trial court in Davao City, Philippines requesting leave to take the deposition of the petitioner. The petitioner filed a verified petition but is unable to attend the scheduled hearing due to [reason not specified]. The motion requests an order allowing the petitioner's testimony to be taken by deposition before the scheduled hearing date, citing rules that allow depositions to be taken with court approval. The motion will be submitted to the court for consideration on a specified date.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    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 Petitioner, ___________________, by and


    through the undersigned counsel, and unto this Honorable Court,
    most respectfully files this Motion for Leave to Take Deposition of
    Petitioner, by averring that:

    1) On ________________, Petitioner filed a Verified Petition


    for _________________________________;

    2) On ________________, this Honorable Court issued an


    Order finding the Verified Petition to be sufficient, and set the same
    for hearing on ________________ at ____ o’clock in the morning;

    3) However, the Petitioner respectfully manifests that she


    could not be able to attend the said hearing due to
    ________________;

    4) As a consequence, the Petitioner is constrained 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:

    “SECTION 1. Depositions pending action,


    when may be taken. – By leave of court 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,
    the testimony of any person, whether a party or not,
    may be taken, at the instance of any party, by
    Page | 1
    deposition upon oral examination or written
    interrogatories. The attendance of witnesses may be
    compelled by the use of subpoena as provided in
    Rule 21. Depositions shall be taken only in
    accordance with these Rules. The deposition of a
    person confined in prison may be taken only by leave
    of court on such terms as the court prescribes.”

    5) Likewise, pursuant to Sections 10 and 14 of Rule 23 of


    the 1997 Rules of Civil Procedure, the said deposition may be taken
    before any judge, notary public, or any person authorized 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, PREMISES CONSIDERED, 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 ________________.

    Other reliefs that are deemed just and equitable under the
    premises are likewise prayed for.

    RESPECTFULLY SUBMITTED.

    Davao City, Philippines. ________________.

    BY:

    Page | 2
    NOTICE OF HEARING

    THE CLERK OF COURT


    RTC, Branch __, Davao City

    Greetings!

    Due to the urgency of the instant Motion and it being a non-


    litigious motion, please take notice that the same shall be submitted
    for the consideration and approval of the Honorable Court on
    ________________ at ___ in the morning, or as soon as counsel and
    the matter may be heard.

    ________________

    Page | 3

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