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    Under The Rules of Court

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    allen
    Under the Rules of Court: 1. An offer of a witness's testimony must be made when the witness is called to testify, not in a judicial affidavit. 2. While some judges require the purpose of testimony to be stated in affidavits, the Rules do not require this. 3. Objections to witness testimony can be made either to disqualify a witness or to specific questions. Objections to questions must be made as soon as the grounds for objection are apparent. The court will rule on motions to disqualify witnesses or strike answers from affidavits.

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    Under The Rules of Court

    Uploaded by

    allen
    13 views1 page
    Under the Rules of Court: 1. An offer of a witness's testimony must be made when the witness is called to testify, not in a judicial affidavit. 2. While some judges require the purpose of testimony to be stated in affidavits, the Rules do not require this. 3. Objections to witness testimony can be made either to disqualify a witness or to specific questions. Objections to questions must be made as soon as the grounds for objection are apparent. The court will rule on motions to disqualify witnesses or strike answers from affidavits.

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    How to make objections

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    Under the Rules of Court

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    Under the Rules of Court: 1. An offer of a witness's testimony must be made when the witness is called to testify, not in a judicial affidavit. 2. While some judges require the purpose of testimony to be stated in affidavits, the Rules do not require this. 3. Objections to witness testimony can be made either to disqualify a witness or to specific questions. Objections to questions must be made as soon as the grounds for objection are apparent. The court will rule on motions to disqualify witnesses or strike answers from affidavits.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13 views1 page

    Under The Rules of Court

    Uploaded by

    allen
    Under the Rules of Court: 1. An offer of a witness's testimony must be made when the witness is called to testify, not in a judicial affidavit. 2. While some judges require the purpose of testimony to be stated in affidavits, the Rules do not require this. 3. Objections to witness testimony can be made either to disqualify a witness or to specific questions. Objections to questions must be made as soon as the grounds for objection are apparent. The court will rule on motions to disqualify witnesses or strike answers from affidavits.

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    Under the Rules of Court, as regards the testimony of a witness, the offer must be made at the

    time the witness is called to testify (Rule 132, Sec. 34). The Rule, on the other hand, provides
    that party presenting the judicial affidavit of his witness in place of direct testimony shall state
    the purpose of such testimony at the start of the presentation of the witness. This
    provision, in relation to the enumerated required contents of an affidavit, means that the
    purpose is NOT required to be indicated in the judicial affidavit. Some judges nevertheless
    require that the purpose be stated in the judicial affidavit , a practice unilaterally resorted
    by some lawyers for convenience.

    How does the opposing party make objections?

    Objection to a witness may take the form of: (a) a disqualification from testifying; or (b) to a
    specific question raised. Under the Rules of Court, objection to a question propounded in the
    course of the oral examination of a witness shall be made as soon as the grounds therefor shall
    become reasonably apparent (Rule 132, Sec. 36). The adverse party may move to disqualify
    the witness or to strike out his affidavit or any of the answers found in it on ground of
    inadmissibility. The court shall promptly rule on the motion and, if granted, shall cause the
    marking of any excluded answer by placing it in brackets under the initials of an authorized
    court personnel, without prejudice to a tender of excluded evidence under Section 40 of
    Rule 132 of the Rules of Court.

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