Discovery is the pre-trial process by which parties obtain facts and evidence from each other and from witnesses to prepare for trial and narrow the issues. The main modes are depositions (oral or written examination of a party or witness under oath), written interrogatories to a party (written questions the party must answer under oath), requests for admission (asking a party to admit the truth of facts or the genuineness of documents), and the production and inspection of documents and things. Discovery is meant to prevent surprise, encourage settlement, and make trials more efficient, and unreasonable refusal to cooperate can carry sanctions.
Trials in the movies are full of surprise witnesses and shocking documents. Real Philippine litigation is meant to be the opposite — through discovery, each side can find out the other’s evidence in advance, so cases are decided on the merits, not by ambush.
What Discovery Is and Why It Exists
Discovery is the set of pre-trial devices by which a party can obtain facts, documents, and admissions from the opposing party and from witnesses. Its purposes are to:
- Prevent surprise at trial;
- Narrow the issues by revealing what is genuinely disputed;
- Preserve evidence (for example, testimony of a witness who may be unavailable later); and
- Encourage settlement by letting each side assess the strength of the case.
Discovery is underused in Philippine practice, but the Supreme Court has repeatedly encouraged its use to make litigation faster and fairer.
The Modes of Discovery
1. Depositions
A deposition is the examination of a party or witness under oath, before trial, whose answers are recorded. It may be oral (questioning in person, like testimony) or upon written questions. Depositions let a party discover what a witness will say and preserve testimony — and a deposition may be used at trial in defined situations (for example, if the witness has died or is unavailable, or to impeach).
2. Written Interrogatories to Parties
Written interrogatories are written questions served on the opposing party, which the party must answer in writing and under oath. They are an efficient way to obtain factual information from the other side. A party who fails to serve or answer interrogatories may be barred from presenting evidence on the matters not disclosed (the “bar” rule encourages their use).
3. Requests for Admission
A request for admission asks the opposing party to admit the truth of specified facts or the genuineness of documents. Facts not denied under oath within the period are deemed admitted — a powerful tool to eliminate undisputed matters and force the other side to commit to positions.
4. Production and Inspection of Documents and Things
A party may move for an order allowing the production, inspection, and copying of documents or things in the other party’s possession that are relevant to the case (and to enter and inspect land or property). This uncovers the documentary evidence the other side holds.
(A related device, the physical or mental examination of a person, is available where a party’s condition is in controversy, such as in injury cases.)
Sanctions for Refusing to Cooperate
Discovery has teeth. A party who unreasonably refuses to answer, produce, or cooperate can face sanctions — the matters may be taken as established against them, their pleadings struck, evidence excluded, or the case dismissed or decided against them, and they may be held in contempt. So discovery is not optional stonewalling territory.
Practical Advice
- Use discovery — interrogatories and requests for admission can lock in facts and eliminate disputes cheaply, and depositions reveal and preserve testimony.
- Remember the bar and deemed-admitted rules: not using or answering these devices can cost you the right to present evidence or result in admissions.
- Cooperate in discovery — unreasonable refusal invites sanctions that can decide the case against you.
Frequently Asked Questions
What is discovery? The pre-trial process of obtaining facts, documents, and admissions from the opposing party and witnesses, to prevent surprise, narrow the issues, preserve evidence, and encourage settlement.
What are the main modes of discovery? Depositions (examining a party or witness under oath before trial), written interrogatories to a party, requests for admission of facts or documents, and the production and inspection of documents and things.
What happens if a party ignores a request for admission? Facts in a request for admission that are not specifically denied under oath within the period are deemed admitted, which can eliminate disputes and force the other side to commit to positions.
Are there penalties for refusing to cooperate in discovery? Yes. Unreasonable refusal to answer, produce, or cooperate can lead to sanctions, including matters being taken as established, pleadings struck, evidence excluded, the case decided against the party, and contempt.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you are preparing a case, effective discovery can win or settle it, and our firm can deploy it for you. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.