Civ Pro - Rule 18 (Pre-Trial) Flashcards
a pre-trial is a procedural device held prior to the trial for the court to consider the following purposes:
a. amicable settlement
b. simplification of issues
c. amendment to pleadings
d. stipulations & admission of facts
e. limiting no. of witnesses
f. preliminary reference of issue to a commissioner
g. requirement of parties to:
- mark evidence
- examine & compare adverse parties’ evidence
- manifest faithfulness of reproduction and genuineness & due execution of the adverse’s evidence
- reserve evidence not available at pre-trial
other matters as may aid in prompt disposition
====================
(a) The possibility of an amicable settlement or a
submission to alternative modes of dispute resolution;
(b) The simplification ofthe issues;
(c) The necessity or desirability of amendments to
the pleadings;
(d) The possibility of obtaining stipulations or
admissions offacts and ofdocumentsto avoid unnecessary
proof;
(e) The limitation ofthe number and identification
of witnesses and the setting oftrial dates;
(f) The advisability of a preliminary reference of
issues to a commissioner;
(g) The requirement for the parties to:
how can a reservation of evidence bve valid?
i. For testimonial evidence,
- giving the name or position and
- the nature of the testimony ofthe proposed witness;
ii. For documentary evidence and
other object evidence
- by giving a particular description of the evidence.
on the purpose of pre-trial insofar as the requirement of parties to do, enumerate the requirements
g. requirement of parties to:
- mark evidence
- examine & compare adverse parties’ evidence
- manifest faithfulness of reproduction and genuineness & due execution of the adverse’s evidence
- reserve evidence not available at pre-trial other matters as may aid in prompt disposition
[GEN CONSEQUENCE]
The failure without just cause of a party AND counsel to appear during pre-trial, despite notice shall result in a _______-
a waiver of any objections to the faith fulness of the reproductions marked, or their genuineness and due execution.
[GEN CONSEQUENCE]
The failure without just cause of a party AND/OR counsel to bring the evidence required shall be deemed _________
a waiver of the presentation of such evidence.
the procedure of pre-trial is ________ in civil cases
criminal?
mandatoryy (MTC, RTC, etc, Sandiganbayan)
A _______________ the equivalent of a pretrial in proceedings where NO trial is conducted, is, likewise, MANDATORY in both civil and criminal cases under the Rules on Summary Procedure
may be held in the _________ but such is NOT mandatory
preliminary conference,
Court of Appeals
effect of failure to conduct pre-trial
amounts to gross ignorance and warrants penalty
when to do pre-trial and who initiates
branch clerk of court issue pre-trial W/IN 5 c.days from filing last responsive pleading
notice of pre-trial shall be set not more than 60 c.days from last responsive pleading
At the start of the preliminary conference, the judge is mandated to refer the parties and/or their counsels to the mediation unit of the ________________ for purposes of mediation. If mediation fails, the judge will schedule the continuance of the preliminary conference.
This rule applies to Metro Manila, Cebu, Davao City, and other places where Philippine Mediation Center Units may be further organized and designated At the start of the preliminary conference, the judge is mandated to refer the parties and/or their counsels to the mediation unit of the Philippine Mediation Center (PMC) for purposes of mediation. If mediation fails, the judge will schedule the continuance of the preliminary conference. This rule applies to Metro Manila, Cebu, Davao City, and other
places where Philippine Mediation Center Units may be further organized and designated
Philippine Mediation Center (PMC)
after issues are joined after the pre-trial, what is next?
court | mandated | parties | court-annexed mediation (CAM)| not more than 30 c.days w/o any extension
only if the judge is convicned settlement is still possible, the case may:
referred to another court for Judicial Dispute Resolution (JDR) [discretionary]
JDR shall be conducted within 15 c.days from notice of failure of CAM | no extensions
if JDR fails, trial shall proceed on agreed dates
proceedings from CAM & JDR are confidential
what shall the notice of pre-trial include?
dates set for
- pre-trial
- CAM
- JDR, if necessary
Non-appearance at any of the foregoing settings shall be deemed as ________-
non-appearance at the pre-trial
It shall be the duty of both the parties and their counsels to appear at the pre-trial, court-annexed mediation, and judicial dispute resolution, if necessary. The nonappearance of a party and counsel may be excused only for:
acts of God,
force majeure, or
duly substantiated physical inability.
A representative may appear on behalf of a party, but must be fully authorized in writing to enter into:
- an amicable settlement,
- to submit to alternative modes of dispute resolution, and
- to enter into stipulations or admissions of facts and documents
[SPCFC CNSQNC]
Effect of failure to appear by the plaintiff?remedy?
remedy: appeal (w/ prejudice is still appealable)
cause for dismissal of action (w/ prejudice unless otherwise ordered by the court)
Since the dismissal of the action shall be with prejudice, unless otherwise provided, the same shall have the effect of an adjudication on the merits, thus, final. The remedy of the plaintiff, therefore, is to appeal from the order of dismissal.
An order dismissing an action with prejudice is appealable.
[SPCFC CNSQNC]
Effect of failure to appear by the defendant? remedy?
- allow plaintiff to present evidence w/in 10 c.days from termination of pre-trial
- court render judgment based on evidence offered
- remedy is motion for recon
- if denial is w/ grave abuse, he may file certiorari
The parties shall file (pre-trial brief) with the court AND serve on the adverse party, in such manner as shall ensure their receipt thereof at least _____________–
3 calendar days before the date of the pre-trial
The pre-trial brief shall contain the following matters:
- summary of case & reliefs prayed for
- summary of admitted facts & stipulation of facts
- main issue to be tried
- propriety of referral to commssner
- documents & object evidence marked w/ its purpose
- names of wit & summary of testimony
- # brief points of law & citation of authorities
(a) A concise statement of the case and the reliefs prayed for;
(b) A summary of admitted facts and proposed stipulations of facts;
(c) The main factual and legal issues to be tried or resolved;
(d) The propriety of referral of factual issues to commissioners;
(e) The documents or other object evidence to be marked, stating the purpose thereof;
(f) The names of the witnesses, and the summary of their respective testimonies; and
(g) A briefstatement of points oflaw and citation of
authorities
effect of failure to file a pre-trial brief
have the same effect as failure to appear at the pre-trial»_space;>dismissal of action (plaintiff)»_space;> allow plaintiff to present evidence (defendant’s failure)
One Day Examination of Witness Rule
where the witness shall be fully examined in one day only, subject to the court’s discretion during the trial on whether or not to extend the examination for justifiable reasons
Where no settlement has been effected, the court shall follow the ___________— where the courtshall determine the most important witnesses, limit the number
of such witnesses and require the parties and/or counsels
to submit to the branch clerk of court the names, addresses
and contact numbers of the witnesses to be summoned by
subpoena. Note, however, that the court may also refer the
case to a trial by commissioner under Rule 32
Most Important Witness Rule,
Upon termination of the pre-trial, the court shall issue an order within 10 calendar days which shall recite in detail the matters taken up. The order shall include:
(a) An enumeration ofthe admitted facts;
(b) The minutes ofthe pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d) The applicable law, rules, and jurisprudence;
(e) The evidence marked;
(f) The specific trial dates for continuous trial, which shall be within the period provided by the Rules;
(g) The case flowchart to be determined by the
court, which shall contain the different stages of the
proceedings up to the promulgation of the decision and
the use of time frames for each stage in setting the trial
dates;
(h) A statement that the one-day examination of
witness rule and most important witnessrule under A.M.
No. 03-1-09-SC (Guidelines for Pre-Trial) shall be strictly
followed; and
(i) A statement that the court shall render
judgment on the pleadings or summary judgment, as the
case may be
Notice Of Pre-Trial [60 c.days from last responsive pleading -> Pre-Trial
Pre-Tria [3 c.days before Pre-Trial] -> Pre-Trial
Notice of Pre-Trial –>
Pre-Trial Brief –>
Pre-Trial –>
Pre-Trial Order –>
CAM –>
JDR –>
Trial
