Purpose of Written Interrogatories – To elicit facts from any adverse party (answers may also be used as admission of the adverse party)
- Written interrogatories and the answers thereto must both be filed and served
Hence, the answers may constitute as judicial admissions (Sec. 4, Rule 129)
DISTINCTIONS
INTERROGATORIES BILL OF PARTICULARS A party may properly seek
disclosure of matters of proof which may later be made part of the records as evidence
A party may properly seek disclosure only of matters which
define the issues and become a part of the pleadings DEPOSITIONS UPON WRITTEN
INTERROGATORIES INTERROGATORIES TO PARTIES Sec. 25, Rule 23 Rule 25
As to Deponent
Party or ordinary witness Party only As to Procedure
With intervention of the officer authorized by the court to take
depositions
No intervention. Written interrogatories are directed to the party himself As to Scope
Direct, cross, redirect, re-cross Only one set of interrogatories Interrogatories
No fixed time extended or reduced by the 15 days to answer unless court
Other distinctions of Interrogatories: - Interrogatories must be specific
- A defendant who has been declared in default cannot be permitted to propound interrogatories
- Under Rule 24, deponent need not appear before an officer but only one set of interrogatories is allowed
- Written interrogatories may be allowed even at the rebuttal stage
- While an order denying written interrogatories is interlocutory and non-appealable, the remedy of certiorari is available where the order is patently erroneous
SECTION 1 - Interrogatories to parties; service thereof.— Under
the same conditions specified in section 1 of Rule 23, any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf. (1a)
Breakdown of Provision
A. Under the same conditions specified in Sec. 1, Rule 23, any party desiring to elicit material and relevant facts from any adverse party
1. Shall file and serve upon the latter written interrogatories to be answered by the party served; or 2. If party served is a public or private corporation or a
partnership or association, by any officer thereof competent to testify in its behalf
Notes:
- Under the present rule, the written interrogatories must not only be served but also filed
- Purpose of serving interrogatories is to elicit facts from any adverse party
- The rule requires the written interrogatories and the answers thereto to be filed in court and served on adverse party
Hence, answers may constitute judicial admissions Remember: A party may serve written interrogatories:
1. Without leave of court – after answer has been served, for the first set of interrogatories
2. With leave of court – before answer has been served Since the issues are not yet joined and the disputed
facts not yet clear
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)
Breakdown of Provision
A. The interrogatories shall: 1. Be answered fully in writing
2. Be signed and sworn to by the person making them B. The party upon whom the interrogatories have been served:
1. Shall file and serve a copy of the answers on the party submitting interrogatories
a. Within 15 days after service thereof
b. UNLESS the court extends or shortens the time (1) On motion AND
(2) For good cause shown
Notes:
- Effect of an answer to interrogatories – party calling not bound
- Both parties to a cause have the right to introduce the answer as evidence
- Answers cannot be made by an agent or attorney Answers not made by the parties are nullities - Evasive and not responsive answer may be stricken out
But a party has a right to reasonably qualify his answers
E.g. “does not know whether he executed note or not” is evasive and may be stricken out
- Answers to interrogatories are admissible in evidence at the trial as admission or for impeachment
But not by the answering party as this would be a self-serving statement
SECTION 3 - Objections to interrogatories.—Objections to any
interrogatories may be presented to the court within ten (10) days after service thereof, with notice as in case of a motion; and answers shall be deferred until the objections are resolved, which shall be at as early a time as is practicable. (3a)
Breakdown of Provision
A. Objections to any interrogatories
1. May be presented to the court within 10 days after service thereof
2. With notice as in case of a motion
192
1. Which shall be at as early a time as practicable
Ground for Objections
1. They require the statements of conclusions of law or answers to hypothetical questions or opinion, or mere hearsay, or matters not within the personal knowledge of the interrogated party
2. Frivolous interrogatories need not be answered Notes:
- An order disallowing interrogatory is interlocutory and remedy is to raise question of admissibility on appeal from final judgment
- Not binding against co-parties for lack of notice Unlike under Rule 24 where all parties are notified
SECTION 4 - Number of interrogatories.—No party may, without
leave of court, serve more than one set of interrogatories to be answered by the same party. (4)
Breakdown of Provision:
A. No party may, without leave of court
1. Serve more than one set of interrogatories to b answered by the same party
SECTION 5 - Scope and use of interrogatories.—
Interrogatories may relate to any matters that can be inquired into under section 2 of Rule 23, and the answers may be used for the same purposes provided in section 4 of the same Rule. (5a)
Breakdown of Provision
A. Interrogatories may relate to any matters than can be inquired into under Sec. 2, Rule 23
B. Answers may be used for the same purposes provided in Sec. 4, Rule 23
Note: Since answers to interrogatories may be used for the same purpose as depositions, they may also be the basis of a summary judgment under Rule 35
SECTION 6 - Effect of failure to serve written interrogatories.—
Unless thereafter allowed by the court for good cause shown and
to prevent a failure of justice, a party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court, or to give a deposition pending appeal. (n).
Breakdown of Provision
A. A party not served with written interrogatories: 1. May not be compelled by adverse party:
a. To give testimony in open court; or b. To give deposition pending appeal 2. Unless:
a. Thereafter allowed by the court for good cause shown and
b. To prevent a failure of justice
Note: The sanction adopted by the Rules is not one of compulsion in the sense that the party is being compelled to avail of the discovery mechanics, but one of negation by depriving him of evidentiary sources which would otherwise have been accessible to him This new provision encourages the use of written interrogatories by imposing prejudicial consequences on the party who fails or refuses to avail himself of written interrogatories without good cause
A similar provision has been incorporated in Rule 26 for non- availment of requests for admission by opposing party
NOTE: These 2 provisions are directed to a party who fails or refuses to resort to the discovery procedures therein
- They should not be confused with the provisions of Rule 29
Rule 29 provides for sanctions or other consequences upon a party who refuses or fails to comply with discovery procedures duly availed of by his opponent Where a party unjustifiably refuses to elicit facts material and relevant to his case by addressing written interrogatories to adverse party to elicit those facts, the latter may not thereafter be compelled to testify thereon in court or give a deposition pending appeal
- The party in need of said facts have foregone the opportunity to inquire into the same from the other party through means available to him
- He should not thereafter be permitted to unduly burden the latter with courtroom appearances or other cumbersome processes