Quiz 11

"Jane," a key witness in a human trafficking case, is a vulnerable victim residing in a politically unstable foreign country. The prosecution files an Urgent Motion to take Jane's video deposition in her village, citing her safety. The defense opposes, claiming it violates their right to confrontation and due process, specifically arguing that effective cross-examination would be impossible in the proposed setting. The court grants the motion.

Did the court act correctly? Explain.

Answer explanation

No, the court did not act correctly. While People vs. Sergio allows for depositions in unusual circumstances to protect vulnerable witnesses, the court's decision ignored the defendant's fundamental right to effective cross-examination. The court is obligated to ensure that the defendant's right to confrontation is not rendered meaningless. Allowing a video deposition without implementing procedural safeguards to ensure effective cross examination, is an error.

In a deposition upon written interrogatories, a defendant includes cross-interrogatories that introduce new issues. The plaintiff objected, claiming that the cross-interrogatories exceeded the scope of the direct interrogatories. The court allowed the cross-interrogatories.

Did the court act correctly? Explain.

Answer explanation

No, the court likely acted incorrectly. The court has the authority and the responsibility to limit cross-interrogatories to matters within the scope of the direct interrogatories. Allowing cross-interrogatories that introduce new, unrelated issues can lead to inefficient discovery, undue burden, and potential abuse. The court should have sustained the plaintiff's objection and disallowed the cross-interrogatories that exceeded the proper scope.

Witness Mario gave a deposition. Before signing it, he suddenly passed away. The court admitted the unsigned deposition as conclusive evidence.

Did the court act correctly? Explain.

Answer explanation

No, the court did not act correctly. While the court has discretion to admit unsigned depositions, admitting it as conclusive evidence without considering the circumstances surrounding the deposition, including the reasons for the lack of signature and the reliability of the deposition, constitutes an abuse of discretion. The court should have assessed the circumstances and determined its evidentiary weight accordingly.

The plaintiff served written interrogatories upon the defendant. The defendant filed responses to these interrogatories. The plaintiff objected to the admission of these responses as evidence, arguing that the oath was administered by a person not authorized to do so. The Court denied the plaintiff's objection and admitted the defendant's responses. Did the Court act correctly? Explain.

Answer explanation

No, the Court did not act correctly. The officer taking responses to written interrogatories must be authorized to administer oaths to ensure the validity and reliability of the deposition. The plaintiff's objection was valid and should have been sustained. Admitting responses taken by an unauthorized person undermines the integrity of the evidence and constitutes an error.

• Mr. Santos, a potential plaintiff, anticipates filing a complex environmental lawsuit against a mining company. He files a verified petition to take a deposition of a former employee, Ms. Cruz, who possesses crucial information. However, his petition merely states 'to perpetuate testimony' without specifying the factual basis of the anticipated lawsuit. The court grants the petition.

• Did the court act correctly? Explain.

Answer explanation

• No, the court did not act correctly. Rule 24 requires a clear statement of the expected subject matter to ensure the deposition's relevance and prevent abuse. The court's failure to require this information undermines the rule's purpose.

• A deposition was taken before an action regarding a land dispute. Later, a separate lawsuit arose involving the same land, but with new parties. The court allowed the deposition from the first proceeding to be used as evidence in the second.

• Did the court act correctly? Explain.

Answer explanation

• No, the court did not act correctly. Due process demands that all affected parties receive notice and an opportunity to be heard. Using the deposition without notice to the new parties violates their fundamental rights.

• In a car accident case, Plaintiff Smith sued Defendant Brown and took the deposition of Witness Jones. Later, Plaintiff Smith and Defendant Brown became involved in a separate contractual dispute. Plaintiff Smith sought to introduce the deposition of Witness Jones from the car accident case as evidence in the contractual dispute. The court admitted it.

  Did the court act correctly? Explain.

Answer explanation

No, the court did not act correctly. The deposition taken in the context of the car accident case, even though it involved the same parties, is unlikely to be relevant to the contractual dispute. The court must ensure that any evidence admitted is relevant to the specific issues in the case at hand. Admitting the deposition without a proper assessment of its relevance constitutes an error.

• In a civil case, the court ordered a party to undergo an invasive medical procedure, as part of a court ordered medical examination.

• Did the court act correctly? Explain.

Answer explanation

• No, the court did not act correctly. Rule 27, only allows the court to order a party to “submit to a physical or mental examination.” It does not allow the court to order the party to undergo invasive medical procedures.

• The court ordered a party to allow an inspection of their premises, which contained trade secrets. The party refused, claiming that the inspection would lead to the disclosure of sensitive information. The court immediately held the party in contempt. Did the court act correctly? Explain.

Answer explanation

• No, the court did not act correctly. The court must balance the need for discovery with the protection of trade secrets. It should have explored protective measures, such as confidentiality agreements or limiting the scope of the inspection, before holding the party in contempt.

• Plaintiff Lim served a Request for Admission upon Defendant Tan, seeking confirmation of a specific financial transaction. Defendant Tan admitted the transaction. Later, Defendant Tan moved to withdraw the admission, claiming a change of legal strategy. The court allowed the withdrawal. Did the court act correctly? Explain.

Answer explanation

• No, the court did not act correctly. Duque vs. Sps. Yu clarified that the withdrawal of an admission requires a showing of palpable mistake and that it would not prejudice the other party. The court's decision, without these considerations, is contrary to established jurisprudence.