rule 18 pre-trial voice

7/31/2019 Rule 18 Pre-trial VOICE

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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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