Practice question
Proof of deposition notice is presented to the proper clerk. Without a court order, the clerk issues both a testimony subpoena and an extensive document-production subpoena. The proponent says notice proof automatically authorizes both in the same way. Which Section5 distinction matters?
- The duces tecum additionally requires a court order
- No document order is ever required
- Only the witness can authorize documents
- Every notice is itself a final judgment
- The clerk has unlimited independent search power
Legal references
- 2019 Civil Procedure Amendments relevant Rules19–22: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rules of Court retained relevant Rules19–22: https://lawphil.net/courts/rules/rc_1-71_civil.html
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