PRE-TRIAL is conducted after the last pleading has been served and filed, it shall be the duty of the plaintiff to promptly move ex-parte that case to be set for pre-trial

PRE TRIAL IS MANDATORY

- It brings the parties together thus making an amicable settlement or doing away with at least the non essential of a case from the beginning.

THE COURT MUST SET THE CASE FOR PRE-TRIAL and MUST SEPERATELY NOTIFY THE PARTIES AS WELL AS THEIR COUNSELS TO APPEAR THEREAT

- It shall be the duty of the plaintiff to move ex parte that the case be set for pre-trial after the last pleading .

Circular No. 3-99, the motion must must be filed within 5 days after the last pleading JOINING ISSUES has been filed and served.

Circular A.M 03-1-09 - Guidelines To be Observed by the Trial Court Judges and Clerk of Court in the conduct of Pre Trial

Within 5 days from the date of filing of the reply , the plaintiff must promptly move ex parte that the case be set for pre-trial

If the plaintiff fails to file the said motion within the given period the Branch Clerk of Court shall issue a notice of pre-trial.

There are separate rules on Pre Trial in particular cases

1. Interim Rules of Procedure Governing Intra-CorporateCONTROVERSIES

2. Declaration of Absolute Nullity of Void and Voidable Marriages.

3. Legal Seperatiomj

Notice of Pre- TRIAL must be sent to the COUNSEL.

Second Pre Trial is Unecessary when:

1. When there is no possibility of an amicable settlement. Even if the amended complaint is filed, where no additional causes of action was alleged and the amount of prayer for damages in the original complaint was the same.

2. Once a party attends a pre-trial and manifests its opposition to settling the case amicably said party may no longer be compelled to attend a second pre-trial conference. Failure of the parties to attend does not involve non-suit or default.

New Guidelines

Judge should not allow termination of pre-trial simply because of the manifestation of the parties that they cannot settle the case . He should expose the parties to the advantages of pre-trial

3. Only legal question involved.

EXCEPTION: The partiers voluntarily agreed that the case be set for pre-trial again and the court yielded to agreement.

Effect of Failure to Calendar for Pre-Trial

1. Pre-trial calendar should be separate from trial calendar

2. Unless there is a showing that substantial prejudice cause to a party, the trial courts in advertent failure to calander the case for a pre- trial or a preliminary conference cannot render the proceeding illegal or void ab initio.

3. A partys failure to object to the absence of a pre-trial is deemed a waiver of his right thereto.

4. Where pleading tendered genuine issues resolvable only in trial on the merits but instead of setting the case for pre-trial the court granted plaintiff motion for summary judgment or judgment on the pleadings To BE CONTINUED.

Sec 3 Notice of Pre Trial

Sending of notice is MANDATORY

Reasonable Notice

1. Sufficieny of written notice of pre- trial is irrelevant where the evidence shows that the counsel and the parties actually knew of pre-trial

2. Absence of notice of pre-trial is justified where after the proper notice for first two pre trials, defendants filed third party complainT which he completely abandoned.

3.

Appearance of Parties

1. Both client and Counsel must Appear is MANDATORY

Failure of Client to appear is a ground for dismissal Their failure to make an appearance without justification in the pre-trial is not a ground for new trial.

2. Purpose is to achieve a compromise

3. SPA must comply with Rule 18 Sec

Effect of Failure to Appear

1. Failure on the part of the defendant to appear shall be the cause to allow the plaintiff to present his evidence ex parte and the court to render judgment on the basis thereof.

2. Effect of non appearance by the plaintiff = DISMISSAL OF THE ACTION

REMEDIES

A) Motion to set aside for non suit = Motion to set aside the order of non suit

B)

Pre- Trial Brief

Effect of Failure to File Pre-Trial Brief

= Same effect as if failure to appear at the pre- trial