Practice question
A witness resides 150 kilometers from the place of testimony by the ordinary course of travel. Counsel invokes Rule21 §10 to argue that §§8 and9's arrest-to-compel-attendance and contempt provisions do not apply. Another lawyer claims §10 instead makes every subpoena or document request to that person universally void. Which is correct?
- The first argument identifies the text's limited exception; the Rule expressly excepts §§8 and9 rather than declaring every subpoena universally void.
- Every subpoena to a distant witness is void for every purpose.
- The exception is measured only by straight-line aerial distance.
- The exception applies only if the witness lives abroad.
- The exception makes deposition-use rules identical to subpoena-compulsion rules.
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.
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