K. Pre-Trial (Rule 18) Flashcards

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1
Q

Nature & Purpose

Concept (3)

A

” to compel the parties and their lawyers to appear before it,
-and negotiate an amicable settlement or
-otherwise make a formal statement “

It is a procedural device by which the court is called upon, after the filing of the last pleading, to compel the parties and their lawyers to appear before it, and negotiate an amicable settlement or otherwise make a formal statement and embody in a single document the issues of fact and law involved in the action, and such other matters as may aid in the prompt disposition of the action

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2
Q

Nature of a Pre-trial

A

“the simplification, abbreviation, and expedition of the trial”

It is mandatory and should be terminated promptly. (Sec. 2, Rule 18, ROC, as amended) It is not a mere technicality in court proceedings for it serves a vital objective: the simplification, abbreviation, and expedition of the trial, if not indeed its dispensation.

(The Philippine American Life & General Insurance Co. v. Enario, G.R. No. 182075, 15 Sept. 2010)

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3
Q

Pre-trial Conference

A

“ask Q on issues raised by ptys”
“all Q or comments by counsel/ ptys mst be directed to the judge”

During the pre-trial, the judge shall be the one to ask questions on issues raised by the parties and all questions or comments by counsel or parties must be directed to the judge. The purpose of this is to avoid hostilities between the parties. (A.M. No. 03-1- 09-SC, July 13, 2004)

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4
Q

Purposes of Pre-trial

A

*1. amic sett/ ADR
2. simplify issues
3. stipu/ admission of facts/ docus to avoid unnecc proof
4. limit number & identification of witness & setting of trial dates
5. preliminary reference of issues to comm
6. propriety of rendering JOP/ Summ judgment/ dismissing the action shud valid ground be found to exist
7. a. mark evidence
b. examine & make comparisons of adverse ptys evidence
c.manifest stipulations regarding faithfulness of repro
8. matters for prompt disposition

*The court shall consider the following purposes:

  1. Possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;
  2. Simplification of the issues;
  3. Possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;
  4. Limitation of the number and identification of witnesses and the setting of trial dates;
  5. Advisability of a preliminary reference of issues to a commissioner;
  6. Propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefore be found to exist;
  7. The requirement for the parties to:

a. Mark their respective evidence if not yet marked in the judicial affidavits of their witnesses;
b. Examine and make comparisons of the adverse parties evidence vis-à-vis the copies to be marked;
c. Manifest for the record stipulations regarding the faithfulness of the reproductions and the genuineness and due execution of the adverse parties’ evidence;
d. Reserve evidence not available at the pretrial, but only in the following manner:

i. For testimonial evidence, by giving the name or position and the nature of the testimony of the proposed witness;
ii. For documentary evidence and other object evidence, by giving a particular description of the evidence.
NOTE: No reservation shall be allowed if not made in the manner described above.

  1. Such other matters as may aid in the prompt disposition of the action. (Sec. 2, Rule 18, ROC, as amended)
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5
Q

Effect of failure of a party and counsel to appear without just cause, despite notice

A

waiver of objections to faithfulness of repro marked, genuineness & d.e.

It shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due execution. (Ibid.)

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6
Q

Effect of failure without just cause of a party and counsel to bring the evidence required

A

waive present evid

It shall be deemed a waiver of the presentation of such evidence. (Ibid.)

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7
Q

Effect of failure of the parties to settle the case during Pre-trial Proceeding

A
  • not terminate, just because ptys manifest that they cant settle
    *expose ptys to advantages
  • thr r impt aspects that must b taken up to expedite disposition of case

The judge should not allow the termination of a pretrial simply because of the manifestation of the parties that they cannot settle the case. Instead, he should expose the parties to the advantages of pretrial. He must also be mindful that there are important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case. (Ramos v. Sps. Lavendia, G.R No. 176706, 08 Oct. 2008)

  • obtain admissions/ stipulations of facts
    *submit whatever depositions have been taken under Rule 23
  • answer to writ interrogatories- R25
    -request for admission R26
  • R37
  • physical & mental exam of persons

If all efforts to settle fail, the trial judge shall endeavor to achieve the other purposes of a pretrial like, among others, obtaining admissions or stipulations of fact. To obtain admissions, the judge shall ask the parties to submit whatever depositions have been taken under Rule 23, the answers to written interrogatories under Rule 25 and the answers to request for admissions by the adverse party under Rule 26. He may also require the production of documents or things requested by a party under Rule 37 and the results of the physical and mental examination of persons under Rule 28. (A.M. No. 03-1-09-SC, 13 July 2004)

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8
Q

One Day Examination of Witness Rule (2009, 2016 BAR)

A

One Day Examination of Witness Rule (2009, 2016 BAR)

-agree on dates for continuous trial
-adhere to case flow chart
- use time frame
-witness: examined in 1 day only
-court may extend

In the pre-trial, the court shall ask the parties to agree on the specific dates for continuous trial, adhere to the case flow chart determined by the court and use the time frame for each stage setting the trial dates.

Adherence to the One Day Examination of Witness Rule shall be required where the witness shall be fully examined in 1 day only, subject to the court’s discretion during the trial on whether or not to extend the examination for justifiable reasons.

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9
Q

Most Important Witness Rule (2016 BAR)

A
  • if no settlement
  • most impt witness, limit the # of witnesses
  • require ptys & counsels to submit ti the branch clerk of ct names, add & contact numbers of witnesses
    Most Important Witness Rule (2016 BAR)

Where no settlement has been effected, the court shall follow the Most Important Witness Rule, where the court shall determine the most important witnesses and 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. (A.M. No. 03-1-09-SC, 13 July 2004)

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10
Q

NOTICE OF PRE-TRIAL

A

[PCJ]

Dates included in the notice

  1. Pre-trial;
  2. Court-Annexed Mediation; and
  3. Judicial Dispute Resolution, if necessary (Sec. 3, Rule 18, ROC, as amended)

NOTE: Non-appearance at any of the foregoing settings shall be deemed as non-appearance at the pre-trial and shall merit the same sanctions under Sec. 5 of Rule 18.

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11
Q

NOTICE OF PRE-TRIAL-Service of notice of pre-trial

A

*- served on counsel or on pty

Service of notice of pre-trial

The notice of pre-trial shall be served on counsel, or on the party if he or she has no counsel. The counsel served with such notice is charged with the duty of notifying the party represented by him or her. (Sec. 3, Rule 18, ROC, as amended)

NOTE: Sending a notice of pre-trial stating the date, time and place of pre-trial is mandatory. Its absence will render the pre-trial and subsequent

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12
Q

Court-Annexed Mediation (CAM)

A
  • After pre-trial & after issues joined= mandatory CAM
    -Settlement of dispute at PMC
  • not xceed 30 calendar days

Court-Annexed Mediation (CAM)

After pre-trial and after issues are joined, the court shall refer the parties for mandatory court-annexed mediation (CAM).

Parties will then be referred to the Philippine Mediation Center for the settlement of their dispute, assisted by a mediator accredited by the SC. It shall not exceed 30 calendar days without extension. (Sec. 8, Rule 18, ROC, as amended)

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13
Q

Judicial Dispute Resolution (JDR

A

*judge employes concil, med, neutral eval to settle case at pre-trial
- may be referred to another ct for JDR if judge convinced that settlement still possible
- Conducted within15 days from notice of failure of CAM

It is a process whereby the judge employs conciliation, mediation or early neutral evaluation in order to settle a case at the pre-trial case. The case may be referred to another court for JDR only if the judge of the court to which the case was originally raffled is convinced that settlement is still possible. It shall be conducted within a non-extendible period of 15 days from notice of failure of CAM. (Sec. 9, Rule 18, ROC, as amended)

The conduct of JDR is no longer mandatory.

NOTE: All proceedings during the CAM and the JDR shall be confidential. (Ibid.)

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14
Q

Effect of Failure of JDR

A

If judicial dispute resolution fails, trial before the original court shall proceed on the dates agreed upon. (Sec. 9, Rule 18, ROC, as amended)

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