Philippine Bar review · Question

Practice question: Modes of Discovery (Rules 23–29)

Multiple Choice Hard

Practice question

A party disobeys an order to submit to physical examination. The movant invokes Rule 29 Section 3(d) as an unconditional power to arrest for that precise refusal. Which is correct?
  1. The paragraph contains no exception.
  2. That arrest provision expressly excepts an order to submit to physical or mental examination.
  3. The movant may arrest the party privately.
  4. Every discovery dispute automatically requires imprisonment.
  5. The exception prohibits all other lawful discovery responses.

Legal references

  • Rules of Court, Rules 25-29, interrogatories, admissions, production and physical examination; retained text read with current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • 2019 Amendments to Civil Procedure, Rules 23-34, particularly the current provisions cited in each explanation: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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