Civ Pro - Rule 30 (Trial)

Question 1

______ is the judicial examination and determination of the issues between the parties to the action

Answer 1

trial

Question 2

______ is a broader term and is not
confined to the trial and presentation of the evidence because it actually embraces several stages in the litigation. It includes the pre-trial and the determination of granting or denying a motion

Answer 2

hearing

Question 3

a _____ is the judicial process of investigating and determining
the legal controversies between or among the parties. During the such, the parties present their respective evidence of their claims and defenses. Such claims and defenses shall constitute the bases for the judgment of the court.

Answer 3

trial

Question 4

when is trial necessary? unecessary?

Answer 4

[NEC]
- when issues are to be tried as result of the specific denials of the material allegations in the complaint

[NOT]
- no issues presented because defendant’s answer to complaint tenders no issue. court render judgement on the pleadings

Question 5

where adjudication without the need for a trial include the following civil cases:

Answer 5

• pleading tender no issue, judgement based on pleading
• no genuine issue in pleading, deposition, or others, summary judgement is rendered
• amicable settlement during pre-trial or while trial on going
• cases that are governed by summary judgement
• where complaint is dismissed with prejudiced OR dismissal has effect of adjudication of merits
• where parties agree in writing without the introduction of evidence and submit the case for judgement based on the agreed facts.

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(a) Where the pleadings of the parties tender no issue at all, a judgment on the pleadings may be directed by the court (Rule 34)

(b) Where from the pleadings, affidavits, depositions and other papers, there is actually no genuine issue, the court may render a summary judgment (Rule 35)

(c) Where the parties have entered into a
compromise or an amicable settlement either during the pre-trial or while the trial is in progress (Rule 18, Rules of Court; Art. 2028, Civil Code of the Philippines).

(d) Where the complaint has been dismissed with prejudice, or when the dismissal has the effect of an adjudication on the merits (Sec. 5, Rule 16; Sec. 3, Rule 17; Sec. 5, last par., Rule 7)

(e) Where the case falls under the operation of the Rules on Summary Procedure.

(f) Where the parties agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence. If, however, there is no agreement as to all the facts in the case, trial may be held only as to the disputed facts (Sec. 6, Rule 30)

Question 6

The parties shall strictly observe the scheduled hearings as agreed upon and set forth in the __________

Answer 6

pre-trial notice

Question 7

The schedule of the trial dates, for both plaintiff and defendant, shall be continuous and within the following
periods:

Answer 7

• i. The initial presentation of plaintiffs evidence shall be set not later than 30 calendar days after the termination of the pre-trial conference.

Plaintiff shall be allowed to present its evidence within a period of 3 months or 90 calendar days which shall include the date of the judicial dispute resolution, if necessary;

• ii. The initial presentation of defendant’s evidence shall be set not later than 30 calendar days after the court’s ruling on plaintiffs formal offer of evidence. The defendant shall be allowed to present its evidence within a period of 3 months or 90 calendar days;

iii. The period for the presentation of evidence on the third (fourth, etc.)-party claim, counterclaim or cross-claim shall be determined by the court, the total of which shall in no case exceed 90 calendar days; and

• iv. If deemed necessary, the court shall set the presentation of the parties’ respective rebuttal evidence, which shall be completed within a period of 30 calendar days (Sec. I[a], Rule 30

Question 8

In calendaring cases, the clerk of court shall give preference to:

Answer 8

• habeas corpus cases,
• election cases,
• special civil actions,
• and those so required by law to be preferred

Question 9

what are the session hours of trial courts?

what are the hours in the morning and afternoon devoted to?

Answer 9

830am - 12pm & 2pm - 430pm
(Monday - Friday)

AM
conduct of trial

PM
- writing of decisions, resolutions, or orders
- pre-trial conferences
- continuation of the trial on the merits whenever rendered necessary as required by ROC
- circulars in specified cases

Question 10

Unless the docket of the court requires otherwise, not more than ________ shall be scheduled for trial daily

Answer 10

four cases

Question 11

The court has no power to adjourn a trial for a period ___________ for each adjournment, nor more than
three months in all, except when authorized in writing by ___________
(Sec. 2, Rule 30)

Answer 11

longer than one month

court administrator

Question 12

As a rule, the grant or denial of a motion for postponement is addressed to the __________ which should always be predicated on the consideration that more than the mere convenience of the courts or of the parties, the ends of justice and fairness should be served thereby.

Answer 12

sound discretion of the court

Question 13

what is the warning to the party who is granted a motion for postponement insofar as evidence is concerned?

Answer 13

Whoever causes the postponement must bear the loss in time.

The party who caused the postponement is warned that the presentation of its evidence must still be terminated on the remaining dates previously agreed upon

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party requesting the postponement is warned that, despite the delay, they are still expected to complete the presentation of their evidence within the originally agreed-upon timeframe.

Question 14

what are the grounds for postponement due to illness

and how is it done?

Answer 14

trial may be postponed on the ground of illness of either party or counsel complying with the ff:

• motion for postponement must be filed
• motion supported by affidavit or sworn certification showing
  a. presence of party/counsel is indispensible and
  b. character of illness render his attendance excusable

Question 15

The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties.
Reception of the evidence may, nevertheless, be delegated to the clerk of court, who is a member of the bar, in any of the following cases:

Answer 15

in default hearings
in ex parte hearings
in any case by written agreement of parties

Question 16

insofar as the issues in trial are concerned, what shall the trial be limited to?

Answer 16

GEN: issues stated in the pre-trial order
EXC: court so directs for special reasons

Question 17

what is the order of trial in a civil case gnerally?

Answer 17

1. plaintiff adduces evidences in support of his claim
2. defendant adduces evidence in support of his defense, counterclaim, cross-claim, and third-party complaint
3. the third-party, if any, shall adduce evidence of his defense, counterclaim, cross-claim, and fourth-party complaint
   and so on
4. the parties against whom the counterclaim has been pleaded, shall adduce evidence in support of their defense, in order to be prescribed by the court
5. then, parties may adduce (present) rebutting evidence only unless the court, in the furtherance of justice, permit them to adduce evidence upon their original case
6. upon admission of evidence, case shall be deemed submitted for decision, unless court directs parties to argue/submit their respective memoranda or any other pleadings

Question 18

This rule requires the submission of judicial affidavits in lieu of direct testimonies. The rule applies to all actions, proceedings, and incidents requiring the reception of evidence.

Answer 18

Judicial Affidavit Rule

Question 19

the judge can hear all the experts discussing the same issue at the same time to explain each of their points in a discussion with a professional colleague. The objective is to achieve greater efficiency and expedition, by reduced emphasis on cross-examination and increased emphasis on professional dialogue, and swifter identification of the critical areas of disagreement between the experts

Answer 19

hot tub hearing

Question 20

can you reopen the case to bring more evidence?

LB

Answer 20

Sec 5 Rule 30

yes, the court may permit the party to adduce evidence on their original case even after the presentation of their original evidence

• there are good reasons
• such reasons are in furtherance of justice

The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case

Question 21

_______ is a procedural device, granted to the court, as an aid in deciding how cases in its docket are to be tried, so that the business of the court may be dispatched expeditiously while providing justice to the parties

Answer 21

Consolidation

Question 22

cite an instnace where the defendant is the first to present evidence

Answer 22

in a contract of carriage | plaintiff who was injured and initiated the action need not to bring evidence because of prima fascie evidence, so it is the operator (not hte driver) who must start bringing evidence