Practice question
A detained witness is subpoenaed, but permission from the court where the prisoner's case is pending was not obtained. The issuing party asks for arrest and contempt under Rule21 §§8 and9 solely for nonattendance. Which provision must the court consider?
- A rule that every detention prisoner is free to leave custody on private request.
- Section10's exception to §§8 and9 for the detention prisoner where the pending-case court's permission was not obtained.
- A rule that detention automatically proves willful disobedience.
- A rule that the plaintiff may replace judicial permission.
- A rule that no court may ever obtain a prisoner's testimony.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, current 2019 amendments, Rules18–22.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — retained provisions of Rules19–22, read with 2019 amendments.
Answer this question in flashcards to review your response and continue practicing.