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Section 1. Interrogatories To Parties Service Thereof. - Upon Ex Parte Motion, Any Party Desiring To Elicit

Rule 25 discusses interrogatories to parties, which allow a party to serve written questions on an adverse party that must be answered under oath. Interrogatories are used to elicit material and relevant facts from the adverse party. A party files a motion and serves written interrogatories, which must be answered in full writing and under oath within 15 days. Failure to answer interrogatories can result in penalties imposed by the court. Additionally, unless allowed by the court, a party that has not been served interrogatories cannot be compelled to testify in court or give a deposition by the adverse party. In the scenario described, the court should deny the motion to compel testimony from the bank's loan manager because the bank was not served interrogatories.

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74 views3 pages

Section 1. Interrogatories To Parties Service Thereof. - Upon Ex Parte Motion, Any Party Desiring To Elicit

Rule 25 discusses interrogatories to parties, which allow a party to serve written questions on an adverse party that must be answered under oath. Interrogatories are used to elicit material and relevant facts from the adverse party. A party files a motion and serves written interrogatories, which must be answered in full writing and under oath within 15 days. Failure to answer interrogatories can result in penalties imposed by the court. Additionally, unless allowed by the court, a party that has not been served interrogatories cannot be compelled to testify in court or give a deposition by the adverse party. In the scenario described, the court should deny the motion to compel testimony from the bank's loan manager because the bank was not served interrogatories.

Uploaded by

Amerigo Vespucci
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Slide 1

Rule 25

INTERROGATORIES TO PARTIES

Slide 2

Section 1. Interrogatories to parties; service thereof. — Upon ex parte motion, 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)

Old: Under the same conditions specified in Section 1 of Rule 23

Slide 3

What are interrogatories? What is their use?

A pretrial discovery method in which written questions are propounded by one party and served on the
adverse party, who must serve written replies thereto under oath. (STEVEN GIFIS, LAW DICTIONARY 109
[1975]).

It is used by a party desiring to elicit material and relevant facts from an adverse party. (S1 R25)

Slide 4

How and when may a party serve interrogatories upon an adverse party?

Upon ex parte motion, 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.

Slide 5

Who shall answer interrogatories?

Interrogatories shall 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.

Slide 6

How and when are interrogatories answered?

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 15 days after service thereof, unless the
court in motion and for good cause shown, extends or shortens the period. (S2 R25)

Slide 7

What is the consequence if a party fails to serve answers to interrogatories?


The court in motion and notice may strike out all or any part of any pleading of that party, or dismiss the
action or proceeding or any part thereof, or enter a judgment by default against that party, and in its
discretion, order him to pay reasonable expenses incurred by the other, including attorney’s fees.

Slide 8

What is the effect of failure to serve written interrogatories?

Unless thereafter allowed by the court for good cause shown and prevent a failure of justice, a party not
served with written interrogatories may not be compelled by the adverse party to:

1. give testimony in open court


2. give a deposition pending appeal (S6 R25)

Thus, a party not served with interrogatories may not be called as an adverse party witness by
the other side.

Slide 9

Scenario:

 C filed a complaint for annulment of loan and mortgage contract against B Bank on the ground
of fraud.
 B Bank filed and answer denying any fraud against C.
 After the termination of pre-trial, C filed an ex parte motion for the issuance of a subpoena
duces tecum and ad testificandum to the senior loan manager of B Bank to a appear and testify
in the initial hearing for the presentation of C’s evidence as C’s first witness and to bring
documents relative to C’s loan.

Slide 10

 Counsel of B Bank opposed the motion the ground that under the Rules of Civil Procedure, a
party not served with written interrogatories may not be compelled by the adverse party to give
testimony in open court.
 C argued that it is B Bank not the employees who is the party and hence he could compel the
employees who is the party and hence he could compel the employees to testify in court.

Slide 11

How should the court rule on C’s motion?

Slide 12

The court should deny C’s motion.

Under S6 R25 a party not served with written interrogatories may not be compelled by the adverse party
to give testimony in open court. The Supreme Court has held that if the party not served with written
interrogatories is a corporation, its officers are the ones who cannot be so compelled to give testimony.
Here, B Bank was not served with written interrogatories by C. Hence B Bank’s senior loan manager, an
officer, cannot be compelled by C to give testimony in open court.

(Afulugencia v. Metro Bank, 5 Feb 2014)

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