RULE 18 PRE-TRIAL

Question 1

The notice of pre-trial shall be set not later than (ANSWER) calendar days from the filing of the last responsive pleading.

Answer 1

sixty (60) calendar days from the filing of the last responsive pleading.

Question 2

What is the primary nature of the pre-trial process?

Answer 2

The pre-trial process is mandatory and should be terminated promptly.

Question 2

What happens if a party and counsel fail to appear during pre-trial without just cause?

Answer 2

The failure without just cause of a party and counsel to appear during pre-trial, despite notice, shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due execution.

Question 3

What happens if a party and counsel fail to appear during pre-trial without just cause?

Answer 3

The failure without just cause of a party and counsel to appear during pre-trial, despite notice, shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due execution.

Question 4

What is the duty of parties and their counsel regarding their appearance at pre-trial, court-annexed mediation, and judicial dispute resolution?

Answer 4

It shall be the duty of the parties and their counsel to appear at the pre-trial, court-annexed mediation, and judicial dispute resolution, if necessary.

Question 5

Can a representative appear on behalf of a party at these proceedings?

Answer 5

Yes.

Arepresentative may appear on behalf of a party, but they 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.

Question 6

Under what circumstances can the non-appearance of a party and counsel be excused?

Answer 6

The non-appearance of a party and counsel may be excused only for acts of God, force majeure, or duly substantiated physical inability.

Question 7

What happens if the defendant and counsel fail to appear at the required proceedings?

Answer 7

A similar failure on the part of the defendant and counsel shall be cause to allow the plaintiff to present his or her evidence **ex-parte within ten (10) calendar days **from termination of the pre-trial, and the court to render judgment on the basis of the evidence offered.

Question 8

When should the parties file and serve their respective pre-trial briefs?

Answer 8

at least three (3) calendar days before the date of the pre-trial.

Question 9

What is the consequence of failing to file the pre-trial brief?

Answer 9

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.

Question 10

How soon after the termination of the pre-trial must the court issue an order, and what should this order contain?

Answer 10

Upon termination of the pre-trial, the court shall issue an order within ten (10) calendar days. This order should contain:

• admitted facts;
• minutes of the pre-trial conference;
• issue/s to be tried;
  (d) applicable law, rules, and jurisprudence;
  (e) evidence marked;
  (f) trial dates for continuous trial
  (g) case flowchart
  (h) one-day examination of witness rule
  (i) summary judgment, as the case may be.

Question 11

When does court-annexed mediation take place, and what is the maximum duration for court-annexed mediation?

Answer 11

Court-annexed mediation takes place after pre-trial and after issues are joined. The maximum duration for court-annexed mediation is thirty (30) calendar days without further extension.

Question 12

What is the time frame for conducting judicial dispute resolution after the failure of court-annexed mediation?

Answer 12

Judicial dispute resolution shall be conducted within a non-extendible period of fifteen (15) calendar days from notice of failure of the court-annexed mediation.

Question 13

What is the time frame for rendering judgment in such cases?

Answer 13

ninety (90) calendar days from termination of the pre-trial.