Pre-Trial Flashcards
What is the concept and nature of pre-trial?
Pre-trial is a procedural device by which the court is called upon, after the filing of the last pleading, to compel the parties and their counsel 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.
When is pre-trial conducted? What is the period of setting the pre-trial date?
After the last responsive pleading has been served and filed, it shall be the duty of the plaintiff to promptly move ex parte that the case be set for pre-trial.
The pre-trial date must be set not later than 60 days from the filing of the last responsive pleading.
Give at least 5 purposes of pre-trial.
(1) Possibility of amicable settlement or alternative modes of dispute resolution.
(2) Simplification of issues
(3) Obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof.
(4) Limit the number and identification of witnesses
(5) Setting of trial dates
What is the effect of the failure of the parties and their counsel to appear in the pre-trial?
If the plaintiff fails to appear during pre-trial, the action shall be dismissed with prejudice, unless otherwise ordered by the court.
If the defendant fails to appear during pre-trial, the plaintiff is allowed to present evidence ex parte and the court to render judgment on the basis thereof.
Non-appearance of either the parties or counsels may be excused if absence is caused by:
(a) Acts of God
(b) Force Majeure
(c) Physical Inability
What is the process in a pre-trial?
(1) After the filing of the last responsive pleading, the branch clerk of court would send notice of pre-trial to the parties.
(2) The parties would file their pre-trial briefs.
(3) Pre-trial will commence.
(4) The court will issue a pre-trial order.
(5) Court-annexed mediation will be held.
(6) If judicial settlement is not possible during the Court-Annexed Mediation, and the judge thinks that settlement is still possible, the case will be raffled off for Judicial Dispute Resolution. Otherwise, the judge would determine if the case would be submitted for Summary Judgment.
(7) If Judicial Dispute Resolution fails, and the case should not be submitted for summary judgment, the case will go to trial.
What does the notice of pre-trial contain? To whom should it be served? When should it be served?
It contains dates for the pre-trial, court-annexed mediation, and judicial dispute resolution if necessary.
The notice of pre-trial will be sent to the counsel or to the parties, within 5 days after the filing of the last responsive pleading.
What does the pre-trial brief contain? What is effect of its non-filing? When should it be filed?
The pre-trial brief to be filed by the parties will contain:
(1) Concise statement of the case and the reliefs prayed for
(2) Summary of admitted facts and proposed stipulation of facts
(3) Main factual and legal issues to be tried or resolved
(4) The propriety of referral of factual issues to commissioners
(5) The documents or other object evidence to be marked, stating the purpose thereof.
(6) The names of the witnesses, and the summary of their respective testimonies
(7) A brief statement of points of law and citation of authorities
Non-filing of the pre-trial brief would equate to the sanctions with regards to the non-appearance in the pre-trial.
Pre-trial brief should be filed at least 3 days before the date of the pre-trial.
What should the pre-trial order contain? When should it be issued by the court?
The pre-trial order will contain:
(1) Admitted facts
(2) Minutes of pre-trial conference
(3) Legal issues to be tried
(4) Applicable law, rules, and jurisprudence
(5) Evidence marked
(6) Specific trial dates
(7) Case flowchart to be determined by the court
(8) Statement of the one-day examination of witness rule and most important witness rule will be followed
(9) Statement that the court shall render judgment on the pleadings or summary judgments
It will be issued by the court 10 days upon the termination of pre-trial.
Can a party postpone the scheduled presentation of their witnesses?
No, a party cannot postpone the scheduled presentation of their witnesses. Except if based on acts of God, force majeure, or physical inability of the witness to appear and testify. However, the presentation of evidence must still be terminated within the remaining dates.
When should court-annexed mediation be held? What is its period of holding?
Mandatory court-annexed mediation is held after pre-trial and after issues are joined.
The period shall not exceed 30 days without further extension.
In what instance should a case be referred for judicial dispute resolution? What is its period of holding?
If the judge is convinced that settlement is still possible, the case may be referred to another court for judicial dispute resolution, which shall be conducted within a non-extendible period of 15 days from notice of failure of the court-annexed mediation.
If judicial dispute resolution fails, trial shall proceed.
What are the instances that the court would render judgment on the pleadings or submit the case for summary judgment? What is the period of rendering such judgment?
The instances where the court motu proprio render judgment on the pleadings or submit the case for summary judgment are the following:
(1) There is no more controverted facts
(2) No more genuine issue as to any material fact
(3) There is an absence of an issue
(4) The answer fail to tender an issue
