Rule 19 – Intervention – Notes; Remedial Law
1. Who may intervene? One with legal interest in matter in litigation, or in success of either of the
parties, or interest against both , or so situated as to be adversely affected by disposition of
property in custody of court, or of an officer, with leave of court may be allowed to intervene.
Court to consider whether or not there will be undue delay or prejudice in the adjudication of the
rights of original parties, and whether or not intervenor’s rights may be fully protected in a
separate proceeding.
Legal interest means actual not just contingent.
2, Time to intervene.
- Anytime before rendition of judgment, copy of pleading in intervention to be attached in motion
and served upon party,
2. Pleadings in intervention - complaint in intervention if asserting claims against either or both or all
the original parties; answer in intervention if he unites with defending party.
3. Answer in intervention , within 15 days from receipt of the order admitting the same unless a
different period is fixed by the court.
Rule 21, Subpoena
1, subpoena and subpoena duces tecum
- Process directing person to attend and testify at hearing of an action, or for taking of deposition,
and may require production of books, documens etc. – called duces tecum.
2. by whom issued:
A) court where witness is to appear
b) court of place where where deposition is to be taken
c) officer or body investigating
d) Justice od SC, or CA any case or investigation pending in Phil.
- subpoena to prisoner, judge to study whether for valid cause; sentenced to death or eclusion
perpetua, must be authorized by SC
Form and contents
Quashal upon motion if uneasonable or oppressive, irrelevancy of books etc.
Other reasons
-
-subpoena on depositions
- Service in same manner as summons served - personal or substituted.
- Court may issue warrant to compel attendance, or contempt order.
- Not applicable if witness resides more than 100 kilometers away from court, detention prisoner
without authority of court.
