RULE 22 – COMPUTATION OF TIME DEPOSITIONS PENDING ACTION, WHEN MAY BE TAKEN (Sec.

1)
 BY LEAVE OF COURT after jurisdiction has been obtained over any
HOW TO COMPUTE TIME? defendant or over property which is the subject of the action; or
 In computing any period of time prescribed or allowed by these Rules, or by WITHOUT LEAVE after an answer has been served;
order of the court, or by any applicable statute, the day of the act or event - the testimony of any person, whether a party or not, may be taken, at the
from which the designated period of time begins to run is to be excluded and instance of any party, by deposition upon:
the date of performance included. 1. ORAL EXAMINATION;
 If the last day of the period, as thus computed, falls on a Saturday, a Sunday, 2. WRITTEN INTERROGATORIES.
or a legal holiday in the place where the court sits, the time shall not run until
the next working day. - The attendance of witnesses may be compelled by the use of a subpoena as
provided in Rule 21.
EFFECT OF INTERRUPTION - Depositions shall be taken only in accordance with these Rules.
 Should an act be done which effectively interrupts the running of the period, - The DEPOSITION of a PERSON CONFINED IN PRISON may be taken
the allowable period after such interruption shall start to run on the day after only by LEAVE OF COURT on such terms as the court prescribes.
notice of the cessation of the cause thereof.
 The day of the act that caused the interruption shall be excluded in the  Just like any other presentation of witness, they cannot be asked on matters
computation of the period. that are privileged. The same is true with written interrogatories.

MODES OF DISCOVERY EXAMINATION AND CROSS-EXAMINATION (Sec. 3)

 It may proceed as permitted at the trial under sections 3 to 18 of Rule 132.
DIFFERENT MODES OF DISCOVERY: DD-IA-PP
1. Depositions pending action (Rule 23) - Just like in ordinary trial, deponents may be examined, cross-examined and
2. Depositions before action or pending appeal (Rule 24) even impeached just like an ordinary witness.
3. Interrogatories to parties (Rule 25)
4. Admission by adverse party (Rule 26) USE OF DEPOSITIONS (Sec. 4)
5. Production or inspection of documents or things (Rule 27)  At the trial or upon the hearing of a motion or an interlocutory
6. Physical and mental examination of persons (Rule 28) proceeding, any part or all of a deposition, so far as admissible under the
riles of evidence, may be used against ANY PARTY who was PRESENT or
What is the importance of Modes of Discovery? REPRESENTED at the taking of the deposition or who had DUE NOTICE
 To speed up the disposition of cases. Also to narrow and simplify the issues. thereof, in accordance with any one of the following provisions:

RULE 23 – DEPOSITIONS PENDING ACTION a. ANY DEPOSITION may be used by any party for the purpose of
contradicting or impeaching the testimony of deponent as a witness;
What is a DEPOSITION?
 It is the taking of the testimony of any person, whether or not such person is b. The DEPOSITION OF A PARTY or of any one who at the time of
a party to the action, and always at the instance of a party to an action. taking the deposition was an Officer, Director, or Managing
 It is always taken out of court and may either be upon oral examination or agent of a public or private corporation, partnership, or association which
written interrogatories. is a party, may be used by an adverse party for any purpose;

Is there a need for LEAVE OF COURT? c. The DEPOSITION OF A WITNESS, whether or not a party, may be
 It depends on whether the answer has already been served or not. used by any party for any purpose if the court finds that: DRASE
1. Witness is Dead; or
 2. Witness Resides at a distance more than 100km from the place of makes the deponent the witness of the party introducing the deposition, but
trial or hearing, or is out of the Philippines, unless it appears that his this shall not apply to the use by an adverse party of a deposition as described
absence was procured by the party offering the deposition; or in Par. B, Sec. 4.
3. Witness is unable to attend or testify because of Age, sickness,
infirmity, or imprisonment; or REBUTTING DEPOSIIION (Sec. 9)
4. Party offering the deposition has been unable to procure the  At the trial, any party may rebut relevant evidence contained in a deposition
attendance of the witness by Subpoena; or whether introduced by him or by any other party.
5. Upon application and notice, that such Exceptional circumstances
exist as to make it desirable, in the interest of justice and with due Before whom are depositions taken?
regard to the importance of presenting the testimony of witnesses
orally in open court, to allow the deposition to be used. IT DEPENDS.
Persons before whom depositions Persons before whom depositions
d. If only part of a deposition is offered in evidence by a party, the may be taken WITHIN THE may be taken IN FOREIGN
adverse party may require him to introduce all of it which is PHILIPPINES COUNTRIES
relevant to the party introduced, and any party may introduce any Judge, Secretary of embassy or legation; or
other parts. Notary public, or
any person Authorized to administer Consul general, consul, vice-consul, or
- Where the witness is available to testify and the situation is not one of oath (if stipulated by the parties) consular agent of RP; or
those excepted under Sec. 4, his deposition theretofore taken is
JNA Person appointed by Commission or
INADMISSIBLE in evidence and he should in lieu thereof be made to
under letters rogatory; or
testify.
Person Authorized to administer oath (if
- Depositions are not generally meant to be a substitute for the actual testimony stipulated by parties).
in open court of a party or witness. The deponent, as a rule, must be
presented for oral examination in open court at the trial. SCPA

- Any deposition offered to prove the facts therein at the trial of the case, in lieu COMMISSION v. LETTERS ROGATORY – asked ha midterms
of the actual testimony of the deponent in court, may be opposed and
excluded for being HEARSAY, except in those specific instances authorized by COMMISSION LETTERS ROGATORY
the Rules under particular conditions and for certain limited purposes. Addressed to any authority in a foreign Addressed to a judicial authority in a
country authorized therein to take down foreign country; and
OBJECTIONS TO ADMISSIBILITY (Sec. 6) depositions; and The taking of such deposition is subject
 Subject to the provisions of Sec. 29 of this Rule, objection may be made at The taking of such deposition is subject to the rules laid down by such foreign
the trial or hearing to receiving in evidence any deposition or part to the rules laid down by the court judicial authority.
thereof for any reason which would require the exclusion of the evidence if the issuing the commission.
witness were then present and testifying. DULAY v. DULAY
An instrument issued by a court of A request to a foreign court to give its
justice or other competent tribunal aid, backed by its power, to secure
EFFECT OF TAKING DEPOSITIONS (Sec. 7)
directed to a magistrate by his official desired information.
 A party shall not be deemed to make a person his own witness for any
designation or to an individual
purpose by taking his deposition. authorizing him to take the deposition of
the witnesses named therein.
EFFECT OF USING DEPOSITIONS (Sec. 8)
 The introduction in evidence of the deposition or any part thereof for
any purpose other than that of contradicting or impeaching the deponent
The following are DISQUALIFIED TO TAKE DEPOSITIONS: RERF  The testimony shall be taken stenographically unless the parties agree
1. Relative within the 6th degree of consanguinity or affinity of any of the parties; otherwise.
2. Employee or counsel of any of the parties;
3. Relative within the same degree or employee of such counsel; or  All OBJECTIONS made at the time of the examination shall be NOTED by
4. One who is Financially interested in the action. the officer upon the deposition.
Evidence objected to shall be taken subject to the objections.
STIPULATIONS REGARDING TAKING OF DEPOSITIONS (Sec. 14)
 If the parties so stipulate in writing, depositions may be taken before any  In lieu of participating in the oral examination, parties served with notice of
person authorized to administer oaths, at any time or place, in accordance taking a deposition may transmit written interrogatories to the officers, who
with these Rules, and when so taken may be used like other depositions. shall propound them to the witness and record the answers verbatim.

DEPOSITION upon ORAL EXAMINATION; Notice; Time and Place (Sec. 15) MOTION TO TERMINATE OR LIMIT EXAMINATION (Sec. 18)
 A party desiring to take the deposition of any person upon ORAL  At any time during the taking of the deposition, on motion or petition of
EXAMINATION shall give reasonable notice in writing to every other any party or of the deponent and upon a showing that the
party to the action. examination is being conducted in bad faith or in such a manner as
unreasonably to annoy or embarrass, or oppress the deponent or party, the
 The NOTICE shall state: TNG court in which the action is pending or the RTC of the place where the
1. The Time and place for taking the deposition; deposition is being taken may order the officer conducting the examination to
2. The Name and address of each person to be examined, if known; CEASE FORTHWITH from taking the deposition, or may LIMIT THE
3. If the name is not known, a General description sufficient to identify him SCOPE AND MANNER of the taking of the deposition.
or the particular class or group to which he belongs.
 If the order made terminates the examination, it shall be resumed thereafter
 On motion of any party upon whom the notice is served, the court may only upon the order of the court in which the action is pending.
for cause shown enlarge or shorten the time.
 Upon demand of the objecting party or deponent, the taking of the deposition
- Notice is important because this is like presenting a witness before the court shall be suspended for the time necessary to make a notice for an order.
and subjecting him to direct examination, cross-examination, re-direct
examination, and re-cross examination. The basic difference between  In granting or refusing such order, the court may impose upon either party or
presenting a witness and taking the oral deposition of a person is that the upon the witness the requirement to pay such costs or expenses as the court
latter is not done during trial, but done outside the court, before a person may deem reasonable.
named therein, authorized to receive the deposition of a party.
SUBMISSION TO WITNESS; Changes; Signing (Sec. 19)
- After notice is served, the court may issue an order for the protection of the  When the testimony is fully transcribed, the deposition shall be submitted to
parties and the deponents. the witness for examination and shall be read to or by him, unless such
examination and reading are waived by the witness and by the parties.
SCOPE OF EXAMINATION (Sec. 2)
 Only matters relevant to the pending action.  Any changes in form or substance which the witness desires to make shall be
 It does not include privileged communication or information. entered upon the deposition by the officer with a statement of the reasons
given by the witness for making them.
RECORD OF EXAMINATION; Oath; Objections (Sec. 17)
 The officer before whom the deposition is to be taken shall put the witness  The deposition shall then be SIGNED BY THE WITNESS, unless: PW
ON OATH and shall personally, or by someone acting under his direction and 1. The Parties by stipulation waive the signing; or
in his presence, RECORD the testimony of the witness. 2. The Witness is ill or cannot be found or refuses to sign.
  If the deposition is not signed by the witness, the officer shall sign it DEPOSITION upon WRITTEN INTERROGATORIES; Service of Notice and of
and state on the record the fact of the waiver or of the illness or absence of Interrogatories (Sec. 25)
the witness or the fact of the refusal to sign together with the reason given  A party desiring to take the deposition of any person upon WRITTEN
therefor, if any, and the deposition may then be used as fully as though INTERROGATORIES shall serve them upon every other party with a notice
signed, unless on a motion to suppress, the court holds that the reasons stating:
given for the refusal to sign require rejection of the deposition in whole or in 1. The name and address of the person who is to answer them; and
part. 2. The name or descriptive title and address of the officer before whom the
deposition is to be taken.
CERTIFICATION AND FILING BY OFFICER (Sec. 20)
 The officer shall:  Within 10 days thereafter, a party so served may serve cross-
1. Certify that the witness was duly sworn to by him and that the deposition interrogatories upon the party proposing the deposition.
is a true record of the testimony given by the witness.
2. Securely seal the deposition in an envelope indorsed with the title of the  Within 5 days thereafter, the latter may serve re-direct interrogatories
action and marked “Deposition of (name of witness)”. upon a party who has served cross-interrogatories.
3. Promptly file such sealed envelope with the court in which the action is
pending or sent it by registered mail to the clerk thereof for filing.  Within 3 days after being served with direct interrogatories, a party may
serve recross-interrogatories upon the party proposing to taken the
NOTICE OF FILING (Sec. 21) deposition.
 The officer taking the deposition shall give prompt notice of its filing to all the
parties. OFFICERS TO TAKE RESPONSES AND PREPARE RECORD (Sec. 26)
 A copy of the notice and copies of all interrogatories served shall be delivered
FURNISHING COPIES (Sec. 22) by the party taking the deposition to the officer designated in the notice, who
 Upon payment of reasonable charges therefor, the officer shall furnish a copy shall proceed promptly, in the manner provided by sections 17, 19 and 20, to
of the deposition to any party or to the deponent. take the testimony of the witness in response to the interrogatories and to
prepare, certify, and file or mail the deposition attaching thereto the copy of
FAILURE TO ATTEND OF PARTY GIVING NOTICE (Sec. 23) the notice and the interrogatories received by him.
 If the party giving notice of the taking of a deposition fails to attend
and proceed therewith and another attends in person or by counsel NOTICE OF FILING AND FURNISHING COPIES (Sec. 27)
pursuant to the notice, the court may order the party giving the notice to pay  When a deposition upon interrogatories is filed, the officer taking it shall
such other party the amount of the reasonable expenses incurred by him and promptly give notice thereof to all the parties, and may furnish copies to them
his counsel in so attending, including reasonable attorney’s fees. or to the deponent upon payment of reasonable charges therefor.

FAILURE OF PARTY GIVING NOTICE TO SERCVE SUBPOENA (Sec. 24) - The court may issue an order for the protection of the parties and the
 If the party giving the notice of the taking of a deposition of a witness fails to deponents, or order the taking of an oral examination, or to terminate or limit
serve a subpoena upon him and the witness because of such failure does such examination.
not attend, and if another party attends in person or by counsel because he
expects the deposition of that witness to be taken, the court may order the EFFECTS OF ERRORS AND IRREGULARITIES IN DEPOSITIONS (Sec. 29)
party giving the notice to pay such other party the amount of the reasonable a. As to NOTICE – all errors and irregularities in the notice for taking a
expenses incurred by him and his counsel in so attending, including deposition are WAIVED unless written objection is promptly served upon the
reasonable attorney’s fees. party giving the notice.

b. As to DISQUALIFICATION OF OFFICER – Objection to taking a deposition

because of disqualification of the officer before whom it is to be taken is
 WAIVED unless made before the taking of the deposition begins or as 1. That the Petitioner expects to be a party to an action in a court of the
soon thereafter as the disqualification becomes known or could be Philippines but is presently unable to bring it or cause it to be brought;
discovered with reasonable diligence. 2. The Subject matter of the expected action and his interest therein;
3. The Facts which he desires to establish by the proposed testimony and
c. As to COMPETENCY OR RELEVANCY OF EVIDENCE – Objections to the his reasons for desiring to perpetuate it;
competency of a witness or the competency, relevancy, or materiality of 4. The Names or a description of the persons he expects will be adverse
testimony are NOT WAIVED by failure to make them before the taking parties and their addresses so far as known; and
of the deposition, unless the ground of the objection is one which might 5. The Names and addresses of the persons to be examined and the
have been obviated or removed if presented that time. substance of the testimony which he expects to elicit from each, and shall
ask for an order authorizing the petitioner to take the depositions of the
d. As to ORAL EXAMINATION AND OTHER PARTICULARS – Errors and persons to be examined named in the petition for the purpose of
irregularities occurring at the oral examination in the: perpetuating their testimony.
1. Manner of taking the deposition;
2. Form of the questions or answers; NOTICE AND SERVICE (Sec. 3)
3. Oath or affirmation;  The petitioner shall serve a NOTICE upon each person named in the
4. Conduct of the parties; and petition as an expected adverse party, together with a COPY OF THE
5. Errors of any kind which might be obviated, removed, or cured if promptly PETITION, stating that the petitioner will apply to the court, at a time and
prosecuted; place named therein, for the order described in the petition.
- are WAIVED, unless reasonable objection thereto is made at the taking of the  At least 20 days before the date of the hearing, the court shall cause
deposition. notice thereof to be served on the parties and prospective deponents in
the manner provided for service of summons.
e. As to FORM OF WRITTEN INTERROGATORIES – Objections to the form
of written interrogatories are WAIVED unless served in writing upon the party Basis for the grant: To prevent failure or delay of justice.
propounding them within the time allowed for serving succeeding cross or
other interrogatories and within 3 days after service of the last interrogatories ORDER AND EXAMINATION (Sec. 4)
authorized.  If the court is satisfied that the perpetuation of the testimony may prevent a
failure or delay of justice, it shall make an order designating or describing
f. As to MANNER OF PREPARATION – Errors and irregularities in the manner the persons whose deposition may be taken and specifying the subject matter
in which the testimony is transcribed or the deposition is prepared, signed, of the examination, and whether the depositions shall be taken upon oral
certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the examination or written interrogatories.
officer, are WAIVED, unless a motion to suppress the deposition or some  The depositions may then be taken in accordance with Rule 23 before the
part thereof is made with reasonable promptness after such defect is, or with hearing.
due diligence might have been, ascertained.
REFERENCE TO COURT (Sec. 5)
RULE 24 – DEPOSITIONS BEFORE ACTION OR PENDING APPEAL  For the purpose of applying Rule 23 to deposition for perpetuating testimony,
each reference therein to the court in which the action is pending shall be
DEPOSITIONS BEFORE ACTION; Petition (Sec. 1) deemed to refer to the court in which the petition for such deposition was
 A person who desires to perpetuate his own testimony or that of filed.
another person regarding any matter that may be cognizable in any court of
the Philippines, may file a VERIFIED PETITION in the court of the place of USE OF DEPOSITION (Sec. 6)
the residence of any excepted adverse party.  If a deposition to perpetuate testimony is taken under this Rule, or of,
although not so taken, it would be admissible in evidence, it may be used in
CONTENTS OF PETITION (Sec. 2) any action involving the same subject matter subsequently brought in
 The petition shall be entitled in the name of the petitioner and shall show: accordance with the provisions of sections 4 and 5 of Rule 23.
  The interrogatories shall be answered fully in writing and shall be signed
DEPOSITIONS PENDING APPEAL (Sec. 7) and sworn to by the person making them.
 If an appeal has been taken from a judgment of a court, including the  The party upon whom the interrogatories have been served shall file
Court of Appeals in proper cases, or before the taking of an appeal if the and serve a copy of the answers on the party submitting the interrogatories
time therefor has not expired, the court in which the judgment was within 15 days after service thereof, unless the court, on motion and for
rendered may allow the taking of depositions of witnesses to perpetuate their good cause shown, extends or shortens the time.
testimony for in the event of further proceedings in the said court.
- Effect of failure to answer: A judgment by default may be rendered
 In such case the party who desires to perpetuate the testimony may make a against a party who fails to serve his answer to written interrogatories.
motion in the said court for leave to take the depositions, upon the
same notice and service thereof as if the action was pending therein. OBJECTIONS TO INTERROGATORIES (Sec. 3)
 Objections to any interrogatories may be presented to the court within 10
 The motion shall state: days after service thereof, with notice as in case of a motion.
a. the names and addresses of the persons to be examined and the  Answers shall be deferred until the objections are resolved, which shall be
substance of the testimony which he expects to elicit from each; and at as early a time as is practicable.
b. the reason for perpetuating their testimony.
NUMBER OF INTERROGATORIES (Sec. 4)
 If the court finds that the perpetuation of the testimony is proper to  No party may, without leave of court, serve more than one set of
avoid a failure or delay of justice, it may make an order allowing the interrogatories to be answered by the same party.
deposition to be taken, and thereupon the depositions may be taken and used
in the same manner and under the same conditions as are prescribed in these SCOPE AND USE OF INTERROGATORIES (Sec. 5)
Rules for depositions taken in pending actions.  Interrogatories may relate to any matters that can be inquired into under Sec.
2, Rule 23, and the answers may be used for the same purposes provided in
RULE 25 – INTERROGATORIES TO PARTIES Sec. 4, Rule 23.

- Any party desiring to elicit material and relevant facts from any adverse - It may embrace any matters unless (1) privileged or (2) prohibited by the
parties shall file and serve upon the latter written interrogatories to be court.
answered by the party served or, if the party served is a public or private
corporation or a partnership or association, by any officer thereof competent EFFECT of FAILURE TO SERVE WRITTEN INTERROGATORIES (Sec. 6)
to testify in its behalf.  Unless thereafter allowed by the court for good cause shown and to prevent a
failure of justice, a party not served with written interrogatories may
DEPOSITIONS UPON WRITTEN INTERROGATORIES TO PARTIES not be: CG
INTERROGATORIES 1. Compelled by the adverse party to give testimony in open court; or
Not served upon the adverse party Served upon the person whose 2. Give a deposition pending appeal.
directly, but to his counsel. deposition is to be taken.
RULE 26 – ADMISSION BY ADVERSE PARTY
Is LEAVE OF COURT NEEDED?
 It depends. REQUEST FOR ADMISSION (Sec. 1)
 BY LEAVE OF COURT after jurisdiction has been obtained over any  At any time after issues have been joined, a party may file and serve upon
defendant or over property which is the subject matter of the action. any other party a WRITTEN REQUEST for the admission by the latter of
 WITHOUT LEAVE after answer has been served. the genuineness of any material and relevant document described in
and exhibited with the request or of the truth of any material and
ANSWER TO INTERROGATORIES (Sec. 2) relevant matter of fact set forth in the request.
  Copies of the documents shall be delivered with the request unless copies MOTION FOR PRODUCTION OR INSPECTION; Order (Sec. 1)
have already been furnished.  Upon motion of any party showing good cause therefor, the court in which
an action is pending may:
- This rule provides that the request for admission should be served on the a. Order any party to produce and permit the inspection and copying or
party to whom the request is directed. photographing, by or on behalf of the moving party, of any designated
documents, papers, books, accounts, letters, photographs, objects or
IMPLIED ADMISSION (Sec. 2) tangible things, NOT PRIVILEGED, which constitute or contain
 Each of the matters of which an admission is requested shall be DEEMED evidence material to any matter involved in the action which are
ADMITTED unless, within a period designated in the request, which shall not IN HIS POSSESSION, CUSTODY or CONTROL.
be less than 15 days after service thereof, or within such further time
as the court may allow on motion, the party to whom the request is b. Order any party to permit entry upon designated land or other property
directed files and serves upon the party requesting the admission a SWORN IN HIS POSSESSION OR CONTROL for the purpose of inspecting,
STATEMENT either: DS measuring, surveying, or photographing the property or any designated
a. Denying specifically the matters of which an admission is requested; or relevant object or operation thereon.
b. Setting forth in detail the reasons why he cannot truthfully either admit or
deny those matters.  The ORDER shall specify the: TM-PT
1. Time;
 OBJECTION to any request for admission shall be submitted to the court by 2. Place;
the party requested within the period for and prior to the filing of his 3. Manner of making the inspection; and
sworn statement as contemplated in the preceding paragraph. 4. Terms and conditions as are just.

 His compliance therewith shall be deferred until such objections are  Important points under this rule – NOT PRIVILEGED and IN THE
resolved, which resolution shall be made as early as practicable. POSSESSION, CUSTODY or CONTROL OF ADVERSE PARTY.

EFFECT OF ADMISSION (Sec. 3) RULE 28 – PHYSICAL AND MENTAL EXAMINATION OF PERSONS

 Any admission made by a party pursuant to such request is for the purpose
of the PENDING ACTION ONLY and shall not constitute an admission by WHEN EXAMINATION MAY BE ORDERED (Sec. 1)
him for any other purpose nor may the same be used against him in any other  In an action in which the mental or physical condition of a party is in
proceeding. controversy, the court in which the action is pending may in its discretion
order him to submit to a physical or mental examination by a physician.
WITHDRAWAL (Sec. 4)
 The court may allow the party making an admission under this Rule, whether - The mental condition of a party is in controversy in proceedings for
express or implied, to withdraw or amend it upon such terms as may be guardianship over an imbecile or insane person.
just. The physical condition of a party is generally involved in physical injuries
cases.
EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR ADMISSION (Sec. 5)
 Unless otherwise allowed by the court for good cause shown and to ORDER FOR EXAMINATION (Sec. 2)
prevent a failure of justice, a party who fails to file and serve a  May be made only ON MOTION FOR GOOD CAUSE SHOWN.
request for admission on the adverse party of material and relevant  NOTICE must be served to the party to be examined and all other parties.
facts at issue which are, or ought to be, within the personal knowledge of  The order shall specify the time, place, manner, conditions and scope of the
the latter, shall not be permitted to present evidence on such facts. examination and the person or persons by whom it is to be made.

RULE 27 – PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS REPORT OF FINDINGS (Sec. 3)

  If requested by the party examined, the party causing the examination to be
made shall deliver to him a copy of a detailed written report of the examining
physician setting out his findings and conclusions. – right of the party
examined
 After such request and delivery, the party causing the examination to be made
shall be entitled upon request to receive from the party examined a like
report of any examination, previously or thereafter made of the same
mental or physical condition. – right of party causing the
examination

 If the party examined refuses to deliver such report – the court on

motion and notice may make an order requiring delivery on such terms
as are just.

 If a physician fails or refuses to make such a report – the court may

exclude his testimony if offered at the trial.

WAIVER OF PRIVILEGE (Sec. 4)

 By requesting and obtaining a report of the examination so ordered or
by taking the deposition of the examiner, the party examined waives any
privilege he may have in that action or any other involving the same
controversy, regarding the testimony of every other person who has examined
or may thereafter examine him in respect of the same mental or physical
examination.

- In other words, where the party examined requests and obtains a report
on the results of the examination, the consequences are that:
a. He has to Furnish the other party a copy of the report of any previous or
subsequent examination of the same physical and mental condition; and
b. Waiver under sec. 4.