Philippine Bar review · Question

Practice question: Subpoena (Rule 21)

Multiple Choice Hard

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?
  1. The duces tecum additionally requires a court order
  2. No document order is ever required
  3. Only the witness can authorize documents
  4. Every notice is itself a final judgment
  5. 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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