RULE 21 Subpoena Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or the trial

of an action, or at any investigation conducted by competent authority, or for the taking of his deposition. Subpoena duces tecum Requiring a person to bring with him any books, documents, or other things under his control. Who can issue subpoena a. Court before the witness is required to attend b. Court of place where deposition be taken c. Officer of body authorized by law in connection with investigation of aforesaid d. Any justice of SC or CA in any case pending within Philippines Subpoena for prisoner need to be examined carefully for valid purpose Only SC can authorize subpoena for prisoner with reclusion perpetua, death or life imprisonment sentence REQUISITES FOR ISSUANCE OF SUBPOENA For SAT - shall state the name of the court and the title of the action or investigation, shall be directed to the person whose attendance is required For SDT books, documents requested must appear prima facie relevant (test of relevancy) Books must be reasonably described to be readily identified (test of definiteness) GROUNDS TO QUASH SDT 1. Unreasonable and oppressive 2. Irrelevant docus or books 3. Failure to advance reasonable cost for reproduction thereof 4. Witness fees and kilometrage allowed by Rules were not tendered. NO SUBPOENA BY PUBLICATION SERVICE OF SUBPOENA either personal or substituted PERSONAL APPEARANC IN COURT

Gen. Rule no person is compelled to testify not unless served with subpoena Exception- person is present in court, it will be as if he is under subpoena CONSEQUENCE FOR REFUSAL TO APPEAR AFTER SUBPOENAED 1. Ask the court to issue warrant for his arrest a RECALCITRANT WITNESS Requisites to issue warrant: a. proof of service of subpoena upon the person named therein b. proof of failure of witness to attend c. cost of such warrant and seizure be paid by the witness if proven that his failure to answer subpoena is willful and without cause. 2. Declare him in contempt of court for failure to obey subpoena EXCEPTION TO SEC 8 AND 9 VIATORY RIGHT OF A WITNESS right of witness not to comply with subpoena if his residence is more than 100 kilometers from place to testify in ordinary course of travel SUBPOENA VS SUMMONS SUB directed to witness, SUM to defendant of civil case SUB witness directed to appear or bring docu in court, SUM inform defendant of complaint and directed to answer SUB may be declared in contempt or be given warrant for non-attendance, SUM judgment in default rendered against defendant SUB applicable for criminal and civil cases, SUM civil only SUB 100km limitation of enforceability, SUM none RULE 22 Computation of Time EXCLUDE THE FIRST AND INCLUDE THE LAST DAY rule. In addition, if last day falls on holiday or weekend, extended to next working day.

NOTE: THE DAY OF ACT THAT CAUSED INTERRUPTION SHALL BE EXCLUDED IN COMPUTATION. MODES OF DISCOVERY vs BILL OF PARTICULARS MOD intended to compel the other party to reveal his evidence and evidentiary facts BOP compel party to clarify vague statements of ultimate facts 5 MODs 1. Depositions pending action (23), before action or pending appeal (24) 2. Written interrogatories to parties (25) 3. Request for admission of adverse parties (26) 4. Production or inspection of documents and things (27) 5. Physical and mental examination of persons (28) DEPOSITION written testimony of a witness given in the course of judicial proceeding, in advance of the trial or hearing, upon oral examination or in response to written interrogatories, and where an opportunity is given for crossexamination. RULE 23 Depositions Pending Action (when leave of court is necessary) 1. When defendant has already file answer, LOC NOT REQUIRED. Just send the questions to the other party. 2. If there is no answer, motion is REQUIRED. 3. Taking deposition of a person confined in prison.

2. Provide effective means of detecting and exposing false claims and defenses 3. Make available in simple and convenient way facts which could not be proved except with greater difficulty 4. Educate parties in advance of trial as to real value of claims and defenses 5. Expedite litigation 6. Safeguard against surprises 7. Prevent delay 8. Simplify and narrow issues 9. Expedite and facilitate both preparation and trial WHAT CAN BE ASKED FROM A DEPONENT - regarding any matter whether related to the claim or defense of any other party, provided it is not a privileged matter. (DEPOSITION IS LIKE A FISHING EXPEDITION you can ask anyone whom you think knows something about the facts in the hope of discovering something, but only related to topic) LIMITATIONS IN DEPOSITION TAKING 1. That matter required into is not privileged under rules on evidence or special law 2. is relevant to subject of pending action 3. The court may issue orders to protect parties and its deponents under sec16 or 18. IN WHAT PROCEEDINGS MAY DEPOSITION BE USED? 1. At trial 2. Upon hearing of a motion 3. Upon hearing of interlocutory proceeding

AGAINST WHOM IT CAN BE USED 1. Against any party present 2. Against any party represented at taking of deposition Depositions can be taken by order of court or 3. Against party who did not appear or subpoena (note: 100KM rule), can be made represented but was notified of the depo by deposition officer or notary public. Can be sched. taken from other party, his witnesses, your witnesses, yourself. NOTE: DEPOSITION is not substitute for actual testimony, it only assures that his PURPOSE OF DEPOSITION-TAKING testimony is consistent with his deposition. If 1. Give greater assistance to parties in he deviates he can be IMPEACHED as ascertaining truth and preventing perjury witness being unreliable.

DEPOSITION OF WITNESS TO BE USED FOR ANY PURPOSE IS ONLY GOOD WHEN: a. The witness is dead b. The witness resides more than 100KM from place of hearing c. The witness cannot testify due to age, sickness, infirmity or imprisonment d. Party offering deposition has been unable to procure attendance of witness by subpoena e. Upon application and notice for valid reason EFFECT OF SUBSTITUTION OF PARTIES - Depositions previously taken is still effective even when there is substitution or dismissal without prejudice to refilling. OBJECTION TO ADMISSIBILITY you can object on evidence presented during deposition, but the deposition officer cannot rule just record, for the judge to rule later during trial. Section 7. Effect of taking depositions. A party shall not be deemed to make a person his own witness for any purpose by taking his deposition. (7, R24) EFFECT OF USING DEPOSITION GenRule Taking depo will not make you my witness. But once I offered your depo in court, you are now my witness especially if you are dead or resided 100km away Exception When your depo is offered for your impeachment as witness or when you offer depo of your opponent.

Consul general, vice-consul, or consular agent of RP Before person of officer appointed by commission or letters rogatory Any person authorized in accordance with rules COMMISSION instrument issued by court of justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such tribunal LETTERS ROGATORY instrument whereby foreign court is informed of pendency of the case and the name of the foreign witnesses, and is requested to cause their depositions to be taken in due course of law, for furtherance of justice, with an offer on the party of the court making the request, to do the like for the other in a similar case. Section 13. Disqualification by interest. No deposition shall be taken before a person who is a relative within the sixth degree of consanguinity or affinity, or employee or counsel of any of the parties, or who is a relative within the same degree, or employee of such counsel; or who is financially interested in the action. (13a, R24) DEPOSITION TAKING should have notice to the adverse party. Notice shall state time, place of taking of deposition and name and address of each person to be examined.

WHAT ORDERS MAY COURT ISSUE FOR PROTECTION OF PARTIES AND Section 9. Rebutting deposition. At the DEPONENTS, WHEN AND WHAT COURT? trial or hearing any party may rebut any After notice is served for deposition by oral relevant evidence contained in a deposition examination, upon motion seasonably made by any party or by person to be examined whether introduced by him or by any other party. and for good cause, the court may order: 1. Deposition shall not be taken WHO CAN TAKE DEPO WITHIN THE PHILS 2. Taken only at some designated place other a. Any judge. than stated b. Notary public. 3. Taken only on written interrogatories c. Any person authorized to administer oaths 4. Certain matters shall not be inquired into in accordance with the rules 5. Examination be taken with no one present except parties and counsel WHO CAN TAKE DEPO OUTSIDE THE PHILS 6. Sealed deposition shall only be opened by order of court

7. Secret processes, developments, research need not be disclosed 8. Parties shall simultaneously file specified documents, sealed, and be opened by court order only 9. Court may take any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression. Section 17. Record of examination, oath; objections. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by some one acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically unless the parties agree otherwise. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of talking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to the officers, who shall propound them to the witness and record the answersverbatim. (17, R24)

that the witness was duly sworn to by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of (here insert the name of witness)" and shall promptly file it with the court in which the action is pending or send it by registered mail to the clerk thereof for filing. (20, R24) Section 21. Notice of filing. The officer taking the deposition shall give prompt notice of its filing to all the parties. (21, R24) Section 22. Furnishing copies. Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent. (22, R24) Section 23. Failure to attend of party giving notice. If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another attends in person or by counsel pursuant to the notice, the court may order the party giving the notice to pay such other party the amount of the reasonable expenses incurred by him and his counsel in so attending, including reasonable attorney's fees. (23a, R24) Section 24. Failure of party giving notice to serve subpoena. If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend, and if another party attends in PROTECTIVE ORDERS DURING person or by counsel because he expects the DEPOSITION deposition of that witness to be taken, the Deposition may be disallowed if: court may order the party giving the notice to 1. examination conducted in bad faith pay to such other party the amount of the 2. examination conducted to annoy, reasonable expenses incurred by him and embarrass, or oppress person on inquiry his counsel in so attending, including 3. inquiry touches upon the irrelevant reasonable attorney's fees. (24a, R24) 4. inquiry encroaches upon the recognized Section 25. Deposition upon written domains of privilege. interrogatories; service of notice and of interrogatories. A party desiring to take SUBMISSION TO WITNESS; CHANGES; the deposition of any person upon written SIGNING shall be read unless waived, then interrogatories shall serve them upon every signed by witness or parties unless other party with a notice stating the name dispensed then signed by deposition officer and address of the person who is to answer with reason them and the name or descriptive title and address of the officer before whom the Section 20. Certification, and filing by officer. deposition is to be taken. Within ten (10) The officer shall certify on the deposition days thereafter, a party so served may serve

cross-interrogatories upon the party proposing to take the deposition. Within five (5) days thereafter, the latter may serve redirect interrogatories upon a party who has served cross-interrogatories. Within three (3) days after being served with re-direct interrogatories, a party may serve recrossinterrogatories upon the party proposing to take the deposition. (25, R24) Section 26. Officers to take responses and prepare record. A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by sections 17, 19 and 20 of this Rule, to take the testimony of the witness in response to the interrogatories and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the interrogatories received by him. (26, R24) Section 27. Notice of filing and furnishing copies. When a deposition upon interrogatories is filed, the officer taking it shall promptly give notice thereof to all the parties, and may furnish copies to them or to the deponent upon payment of reasonable charges therefor. (27, R24) PROTECTIVE ORDERS IN DEPOSITIONS UPON WRITTEN INTERROGATORIES 1. To enlarge or shorten the time when deponent testifies 2. Testimony in answer to written interrogatories shall not be taken 3. Terminate or limit the taking of testimony 4. Deposition not be taken upon officer designated 5. Testimony not be taken not unless upon oral examination Section 29. Effect of errors and irregularities in depositions. (a) As to notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (b) As to disqualification of officer. Objection to taking a deposition because of disqualification of the officer before whom it

is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. (c) As to competency or relevancy of evidence. Objections to the competency of witness or the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground, of the objection is one which might have been obviated or removed if presented at that time. (d) As to oral examination and other particulars. Errors and irregularities occurring at the oral examination in the manner of taking the deposition in the form of the questions or answers, in the oath or affirmation, or in the conduct of the parties and errors of any kind which might be obviated, removed, or cured if promptly prosecuted, are waived unless reasonable objection thereto is made at the taking of the deposition. (e) As to form of written interrogatories. Objections to the form of written interrogatories submitted under sections 25 and 26 of this Rule are waived unless served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories and within three (3) days after service of the last interrogatories authorized. (f) As to manner of preparation. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under sections 17, 19, 20 and 26 of this Rule are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained. (29a, R24) RULE 24 Depositions Before Action or Pending Appeal PETITION FOR PERPETUATION OF TESTIMONY

- file in court of the residence of any expected adverse party. File independent petition under rule 24 Section 2. Contents of petition. The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expects to be a party to an action in a court of the Philippines but is presently unable to bring it or cause it to be brought; (b) the subject matter of the expected action and his interest therein; (c) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it; (d) the names or a description of the persons he expects will be adverse parties and their addresses so far as known; and (e) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony. (2, R134) Section 3. Notice and service. The petitioner shall serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty (20) days before the date of the hearing, the court shall cause notice thereof to be served on the parties and prospective deponents in the manner provided for service of summons. (3a, R134) Section 4. Order and examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose deposition may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may be taken in accordance with Rule 23 before the hearing. (4a, R134) Section 5. Reference to court. For the purpose of applying Rule 23 to depositions for perpetuating testimony, each reference therein to the court in which the action is

pending shall be deemed to refer to the court in which the petition for such deposition was filed. (5a, R134) Section 6. Use of deposition. If a deposition to perpetuate testimony is taken under this Rule, or if, although not so taken, it would be admissible in evidence, it may be used in any action involving the same subject matter sub-sequently brought in accordance with the provisions of sections 4 and 5 of Rule 23. (6a, R134) Section 7. Depositions pending appeal. If an appeal has been taken from a judgment of a court, including the Court of Appeals in proper cases, or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for in the event of further proceedings in the said court. In such case the party who desires to perpetuate the testimony may make a motion in the said court for leave to take the depositions, upon the same notice and service thereof as if the action was pending therein. The motion shall state (a) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and (b) the reason for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the deposition to be taken, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these Rules for depositions taken in pending actions. (7a, R134) RULE 25 Interrogatories to Parties INTERROGATORIES mean written questions availed by party to the action to elicit material and relevant facts from any adverse party. INTERROGATORIES TO PARTIES vs DEPOSITION UPON WRITTEN INTERROGATORIES ITP has no deposition officer. DWI taken before deposition officer.

ITP questioning is direct. DWI questions are prepared beforehand. ITP applies to parties only. DWI may be taken to any person party or not. Section 2. Answer to interrogatories. The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them. The party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen (15) days after service thereof unless the court on motion and for good cause shown, extends or shortens the time. (2a) OBJECTION TO INTERROGATORIES Remedy: Got to court where case is pending and object. Let court decide whether you answer or not on grounds of: a. impropriety b. immateriality c. inadmissibility or privilege

IMPLIED ADMISSION answer request for admission within 15 days under oath. If no answer then it will be deemed admitted. It should be sent to the party himself and not the lawyer. But a lawyer can answer a request for admission in behalf of his client. Section 3. Effect of admission. Request for admission is only good for that case and cannot be used in other case or proceedings. Section 4. Withdrawal. The court may allow the party making an admission under the Rule, whether express or implied, to withdraw or amend it upon such terms as may be just with leave of court.

SECTION 5. EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR ADMISSION. UNLESS OTHERWISE ALLOWED BY THE COURT FOR GOOD CAUSE SHOWN AND TO PREVENT A FAILURE OF JUSTICE A PARTY WHO FAILS TO FILE AND SERVE A REQUEST FOR ADMISSION ON THE ADVERSE PARTY OF MATERIAL AND NOTE: You can only serve ONE SET OF RELEVANT FACTS AT ISSUE WHICH ARE, INTERROGATORIES to be answered by party OR OUGHT TO BE, WITHIN THE PERSONAL not unless court grants more than one. KNOWLEDGE OF THE LATTER, SHALL NOT BE PERMITTED TO PRESENT EVIDENCE Section 5. Scope and use of interrogatories. ON SUCH FACTS. (N) anything relevant to claim or defense and not privileged. RULE 27 Production or Inspection of Documents or Section 6. Effect of failure to serve written Things interrogatories. the adverse party may not Section 1. Motion for production or be compelled to testify in court. inspection; order. Upon motion of any party showing good RULE 26 cause therefor, the court in which an action Admission by Adverse Party is pending may Section 1. Request for admission. request (a) order any party to produce and permit the other party to admit genuineness of any inspection and copying or photographing, by material and relevant document described in or on behalf of the moving party, of any and exhibited with the request or of the truth designated documents, papers, books, in the request ANY TIME AFTER ISSUES accounts, letters, photographs, objects or HAVE BEEN JOINED. tangible things, not privileged, which constitute or contain evidence material to DIFFERENCE BETWEEN 25 AND 26. If any matter involved in the action and which answerable by yes or no 26, if not 25. 26 are in his possession, custody or control, or Admission are sought. 25 specific details or (b) order any party to permit entry upon evidentiary matters are sought. designated land or other property in his possession or control for the purpose of

inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon. The order shall specify the time, place and manner of making the inspection and taking copies and photographs, and may prescribe such terms and conditions as are just. (1a)

physician-patient relationship. IF YOU DONT WANT THE DOCTOR TO TESTIFY IN COURT dont ask for a copy.

RULE 29 Refusal to Comply with Modes of Discovery Section 1. Refusal to answer. REMEDY: go to court and get order to compel him to answer. And he can be held REQUISITES OF PRODUCTION OR liable for the reasonable expenses incurred INSPECTION OF DOCUMENTS OR THINGS in obtaining the order including attorneys 1. A motion (leave of court) must be filed by a fees. party showing good cause therefore 2. Notice of the motion must be given to all WHEN APPLICABLE: other parties 1. Refusal to answer oral examination during 3. The motion must sufficiently describe the deposition taking. document or thing sought to be produced or 2. Refusal to answer deposition upon written inspected. interrogatory 4. The document or thing sought to be 3. Refusal to answer written interrogatories. produced or inspected must contain evidence material to the pending action Section 2. Contempt of court. if the party is 5. it is not privileged already ordered by court to court for above 6. It must be in the possession of the reasons and he doesnt answer, he can held adverse party or at least under his control. in contempt. RULE 28 Section 3. Other consequences. Physical and Mental Examination of Persons ARE SANCTIONS UNDER SECTION 3 MANDATORY? REQUISITES OF PHYSICAL AND MENTAL No. only discretionary upon the judge where EXAMINATION OF PERSONS case is pending. 1. The physical or mental condition must be WITH THE FOLLOWING CONSEQUENCES a subject of controversy of the action a. The court may issue an order striking out 2. A motion showing good cause must be pleadings or parts thereof filed b. stating further proceedings until the 3. Notice of the motion must be given to the order is obeyed party to be examined and to all other parties c. rendering judgment by default against the disobedient party REPORT OF FINDINGS If party examined asked for report then: Section 4. Expenses on refusal to admit. a. adverse party who requested exam must unless there is good cause for denial, refusal give copy to admit on request for admission may cause b. adverse party can demand result of prior such party for expenses and attorneys fees or subsequent examination of other party for trouble done but not liable 1. if party examined does not comply for contempt in court. court may order Section 5. Failure of party to attend or serve 2. if physician doe not he cannot answers. testify The court may: a. strike out all or any part of the pleading of Section 4. Waiver of privilege. if party ask that party, or dismiss the action or for report of examination he proceeding or any part thereof, or AUTOMATICALLY waives the privilege of

b. enter a judgment by default against that party, and in its discretion, c. order him to pay reasonable expenses incurred by the other, including attorneys fees.

b. motion must be supported by an affidavit or sworn certification showing that 1: presence of party or counsel in trial is indispensable and 2: character of his illness is such as to render his non-attendance excusable

Section 6. Expenses against the Republic of the Philippines. Expenses and attorney's Section 5. Order of trial. Subject to the fees are not to be imposed upon the Republic provisions of section 2 of Rule 31, and of the Philippines under this Rule. (6) unless the court for special reasons otherwise directs, the trial shall be limited to RULE 30 the issues stated in the pre-trial order and Trial an examination before a competent shall proceed as follows: tribunal of the facts or law put in issue in a (a) The plaintiff shall adduce evidence in support of his complaint; case, for the purpose of determining such issue. (b) The defendant shall then adduce evidence in support of his defense, counterclaim, TRIAL vs HEARING cross-claim and third-party complaints; Trial is when you hear and determine merits (c) The third-party defendant if any, shall of a case while a HEARING is may be for any adduce evidence of his defense, other interlocutory matter. counterclaim, cross-claim and fourth-party Section 1. Notice of Trial. Upon entry of a complaint; case in the trial calendar, the clerk shall (d) The fourth-party, and so forth, if any, notify the parties of the date of its trial in shall adduce evidence of the material facts such manner as shall ensure his receipt of pleaded by them; that notice at least five (5) days before such (e) The parties against whom any date. (2a, R22) counterclaim or cross-claim has been Section 2. Adjournments and postponements. pleaded, shall adduce evidence in support of A court may adjourn a trial from day to their defense, in the order to be prescribed day, and to any stated time, as the by the court; expeditious and convenient transaction of (f) The parties may then respectively adduce business may require. GENERAL RULE: not rebutting evidence only, unless the court, for good reasons and in the furtherance of more than one month adjournment BUT a maximum of three postponements. Not justice, permits them to adduce evidence unless authorized by court administrator to upon their original case; and (g) Upon admission of the evidence, the case exceed 90 days. shall be deemed submitted for decision, unless the court directs the parties to argue Section 3. Requisites of motion to postpone trial for absence of evidence. or to submit their respective memoranda or any further pleadings. If several defendants or third-party a. a motion for postponement must be filed b. the motion must be supported by an defendants, and so forth, having separate affidavit or sworn certification showing 1: the defenses appear by different counsel, the materiality or relevancy of the evidence, and court shall determine the relative order of 2: that due diligence has been used to presentation of their evidence. (1a, R30) Section 6. Agreed statement of facts. procure it. parties are bound to the facts if they agreed. No more need for evidence. The court shall Section 4. Requisites of motion to postpone trial for illness of party or counsel. now decide based on questions of law. a. motion for postponement to be filed

If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe. (2a, R30) Section 7. Statement of judge. During the hearing or trial of a case any statement made by the judge with reference to the case, or to any of the parties, witnesses or counsel, shall be made of record in the stenographic notes. (3a, R30) Section 8. Suspension of actions. The suspension of actions shall be governed by the provisions of the Civil Code. (n) (when one of parties would like to discuss a possible amicable settlement or compromise) MATTERS THAT CANNOT BE SUBJECT TO COMPROMISE a. Civil status of persons b. Validity of marriage or legal separation c. Ground for legal separation d. Future support e. Jurisdiction of court f. Future legitime Section 9. Judge to receive evidence; delegation to clerk of court. The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties. However, in default or ex parte hearings, and in any case where the parties agree in writing, the court may delegate the reception of evidence to its clerk of court who is a member of the bar. The clerk of court shall have no power to rule on objections to any question or to the admission of exhibits, which objections shall be resolved by the court upon submission of his report and the transcripts within ten (10) days from termination of the hearing. (n)