(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition and The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: But the court must preserve any party's right to a jury trial. Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible at trial becomes part of the trial record and need not be repeated at trial. (2) Consolidating the Hearing with the Trial on the Merits.īefore or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing. The court may issue a preliminary injunction only on notice to the adverse party. Rule 65 Injunctions and Restraining Orders Rule 65(a) Preliminary Injunction. If witness explanation is unsatisfactory, the court may impose punishment upon him by requiring him to pay costs of warrant and seizure, or cite the witness in direct contempt (Sec. The court may ask questions to the witness about his refusal to comply with the subpoena Ĥ. To arrest the witness and bring him before the court (Sec. The court may issue a warrant of arrest upon presentation of proof of service of subpoena and of failure to comply the same Ģ. Possible Actions to be Taken by the Court to Compel Attendance 1. Note: Viatory right applies only to CIVIL cases, not in criminal cases (People vs. Viatory Right It is the right of a witness not to be compelled by a subpoena to attend a court hearing in a civil case if he resides more than 100 kms from his residence to the place where he is to testify by the ordinary course of travel. The witness is a prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in any penal institution for appearance or attendance in any court unless authorized by the Supreme Court (Sec. The witness is a detention prisoner if no permission of the court in which his case is pending was obtained (Sec. from his residence to the place where he is to testify by the ordinary course of travel (Sec. Instances Where a Witness is Not Bound to Comply Subpoena under Sec. VI, 1987 Const.) ī) In CIVIL cases - subpoena is binding only when Congress is not in session. Person Who May be Subpoenaed General Rule: Any person qualified to testify.Įxception: In cases involving members of the Congress, subject, however, to the following rules:Ī) In CRIMINAL cases - subpoena is binding regardless whether or not the Congress is in session in cases punishable by more than 6 years of imprisonment (Sec. Characteristics of the Power of the Court to Issue 1. The witness fees and kilometrage allowed by the Rules were not tendered when the subpoena was served. The witness is not bound by the subpoena (witness resides more than 100kms from the court where he is called to testify) Ģ. 4) The court may quash a subpoena ad testificandum on the ground that:ġ. Grounds for Quashing a Subpoena Ad Testificandum (Sec. Note: P100.00 per day - as witness fee per A.M. The witness fees and kilometrage fee allowed by the rules were not tendered when the subpoena was served. The person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof orĤ. The relevancy of the books, documents or things does not appear ģ. 4) The court may quash the same upon motion promptly made and, in any event, at or before the time specified therein if:Ģ. Grounds for Quashing a Subpoena Duces Tecum (Sec. Any officer or body authorized by law to do so in connection with investigations conducted by said officer or body ĥ Any Justice of the Supreme Court. Subpoena duces tecum - it requires a person to bring with him any books, docunents or other things under his control. Subpoena ad testificandum - it requires the person to attend and testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his deposition Ģ. 1) It is a process directed to a person requiring him to ATTEND and TESTIFY at the hearing or the trial of an action, or at any investigation conducted by a competent authority or for the taking of his deposition. 60(b) Relief from Judgment few circumstances will warrant a 60(b) order-courts are VERY hesitant to grant them
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