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Rule 18:PRE-TRIAL
Eden Tongson BeltranAUSL 2010-0019
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Contents of thePresentation
Concept of Pre-Trial
Procedure regarding Pre-Trial afterlast pleading had been filed
Nature and purpose of pre-trial
Notice of Pre-Trial
Appearance of parties at the Pre-
Trial; Effect of Failure to Appear
Pre-Trial Brief; Effect of failure to file
Distinction between Pre-Trial in Civil
and In Criminal Cases
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CONCEPT OF PRE-TRIAL
a mandatory conference andpersonal confrontation before the
judge between the parties andtheir respective counsel.
conducted after the last pleading
has been served and filed
It is the duty of the plaintiff to
promptly move ex parte that thecase be set for pre-trial within 5
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Courts decision on pleadings andmotions
After last pleading is filed, court decides onone of 3 possible courses
A. Suspend action upon petition of any
party for possible compromise between theparties
B. Plaintiff files motion for summaryjudgment or motion for judgment on
the pleadings
C. Schedule of Pre-Trial
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NATURE AND PURPOSE
Sec. 2.Nature and purpose. The pre-trial is mandatory. The court shallconsider:
(a) The possibility of an amicablesettlement or of a submission toalternative modes of dispute
resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of
amendments to the pleadings;
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Matters consideredduring the pre-trial (Sec. 2,Rule 18).1) The possibility of an amicablesettlement or a submission toalternative modes of dispute
resolution;2) Simplification of issues;
3) Necessity or desirability ofamendments to the pleadings;
4) Possibility of obtainingstipulations or admissions of factsand of Documents to avoidunnecessary proof;
5) Limitation of the number of
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NOTICE OF PRE-TRIAL
Sec. 3.Notice of pre-trial. The noticeof pre-trial shall be served on counsel,or on the party who has no counsel.
The counsel served with such notice ischarged with the duty of notifying the
party represented by him.
-served on the counsel of the party ifthe latter is represented by counsel.
-served on the party himself if he is notrepresented by a counsel.
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APPEARANCE OFPARTIES;
EFFECT OF FAILURE TOAPPEAR
Sec. 4.Appearance of parties. It shall be the duty of theparties and their counsel to appear at the pre-trial. Thenon-appearance of a party may be excused only if a valid
cause is shown therefor or if a representative shallappear in his behalf fully authorized in writing to enterinto an amicable settlement, to submit to alternativemodes of dispute resolution, and to enter intostipulations or admissions of facts and of documents.
Sec. 5.Effect of failure to appear. The failure of theplaintiff to appear when so required pursuant to the nextpreceding section shall be cause for dismissal of theaction. The dismissal shall be with prejudice, unlessotherwise ordered by the court. A similar failure on thepart of the defendant shall be cause to allow the plaintiffto present his evidence ex parte and the court to render
judgment on the basis thereof.
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It shall be the duty of both the parties and
their counsels to appear at the pre-trial(Sec. 4, Rule 18).
The failure of the plaintiff to appear shallbe cause for the dismissal of the action.This dismissal shall be with prejudice
except when the court orders otherwise(Sec. 5,
Rule 18). Since the dismissal of theaction shall be with prejudice, unlessotherwise provided, the same shall have
the effect of an adjudication on the meritsthus, final. The remed of the laintiff is
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The failure of the defendant to appear shallbe cause to
allow the plaintiff to present his evidenceex parte and
for the court to render judgment on
the basis of theevidence presented by the plaintiff (Sec. 5,Rule 18). The
order of the court allowing the plaintiff
to present his
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PRE-TRIAL BRIEF;
EFFECT OF FAILURE TOFILE
Sec. 6.Pre-trial brief. The parties shallfile with the court and serve on theadverse party, in such manner as shallensure their receipt thereof at leastthree (3) days before the date of the
pre-trial, their respective pre-trialbriefs which shall contain, amongothers:
(a) A statement of their willingness to
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Failure to file the pre-trial brief shallhave the same effect as failure to
appear at the pre-trial.
The parties shall file with the courttheir respective pre-
trial briefs which shall be received atleast three (3) days
before the date of the pre-trial. This pre-
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The pre-trial brief shall contain thefollowing matters:
1) A statement of their willingness toenter into an
amicable settlement or alternative
modes ofdispute resolution, indicating the
desired terms
thereof;
2) A summary of admitted facts and
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