Question

Assume a civil case is pending before the Regional Trial Court (RTC) where the plaintiff seeks damages from the defendant arising from a vehicular accident. During the pre-trial stage, the plaintiff identifies a key witness who claims to have crucial information regarding the events leading to the accident.

1. What mode of discovery can the defendant utilize to obtain the testimony of the identified witness?

2. Can the plaintiff object to the defendant's use of this particular mode of discovery? If so, on what grounds?

3. In the event that the defendant is granted the opportunity to depose the witness, what steps should the parties take to ensure compliance with the Rules on Discovery and the rights of the witness?

4. Assume the witness is unavailable or refuses to testify during the deposition, what options are available to the defendant to compel the witness to appear and testify?

1. Explain the applicable provisions of the Rules on Civil Procedure governing the mode of discovery in question.
2. Discuss any possible objections that could arise during this discovery process and how they can be resolved.