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Level Nine: Pre-Trial

The document discusses the pre-trial process in Philippine civil procedure. It defines key terms like pre-trial, preliminary conference, and judicial dispute resolution. It explains the mandatory components of pre-trial like court-annexed mediation and submission of pre-trial briefs. It also outlines the effects of failing to appear at pre-trial proceedings or comply with pre-trial requirements, such as non-suit or dismissal. Finally, it discusses potential outcomes after pre-trial like the case being submitted for resolution, referred to a commissioner, or proceeding to trial.

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Joanne besoy
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47 views2 pages

Level Nine: Pre-Trial

The document discusses the pre-trial process in Philippine civil procedure. It defines key terms like pre-trial, preliminary conference, and judicial dispute resolution. It explains the mandatory components of pre-trial like court-annexed mediation and submission of pre-trial briefs. It also outlines the effects of failing to appear at pre-trial proceedings or comply with pre-trial requirements, such as non-suit or dismissal. Finally, it discusses potential outcomes after pre-trial like the case being submitted for resolution, referred to a commissioner, or proceeding to trial.

Uploaded by

Joanne besoy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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LEVEL NINE: PRE-TRIAL

A. Definitions:

1. What is a Pre-trial?
2. What is a Preliminary Conference
a. Under the Rule on Summary Procedure and Rule 70?
b. Under the regular rules ?
3. When is a preliminary conference mandatory?

B. Components of Pre-Trial/Preliminary Conference


1. Court-Annexed Mediation
a. What is Court-Annexed Mediation?
b. What are the effects if a party fails to appear at the Philippine
Mediation Center?
2. Judicial Dispute Resolution
a. What is a Judicial Dispute Resolution?
b. What are the effects if a party fails to appear at the JDR?
3. Pre-Trial Proper

C. Before Pre-trial Proper

1. Judicial Affidavits:
a. What is a Judicial Affidavit?
b. What is the function of a Judicial Affidavit?
c. When must it be submitted?
d. What are the effects of the non-submission of judicial
affidavits?

2. Pre-trial Brief
a. What is a brief?
b. What is the purpose of a Pre-Trial Brief?
c. What are the contents of a Pre-Trial Brief?

D. Pre-trial Proper
1. What are the matters to be taken up in the Pre-trial?
2. Why must the parties appear personally at the pre-trial trial?
3. What is the remedy if a party cannot appear personally during
the pre-trial?
4. May a lawyer appear for his client during the pre-trial on the
strength of his authority as counsel of record?
5. What is a Pre-Trial/ Preliminary Conference Order? What is its
importance?

E. MANDATORY NATURE OF PRE-TRIAL


1. What is the effect of the non-appearance of a party at the Court-
Annexed Mediation?
2. What is the effect of the non-appearance of a party at the Judicial
Dispute Resolution?
3. What is the effect of the non-submission of a Pre-Trial Brief
a. Under the regular rules ?
b. Under the Rule on Summary Procedure?
c. Under the 2016 Revised Rules of Procedure for Small
Claims Cases? 
4. What is the effect of the failure of the plaintiff to appear during
the pre-trial?
5. What is the effect of the failure of the plaintiff to appear during
the preliminary conference under the Rule on Summary
Procedure and Rule 70?
6. What is the effect of the failure of a sole defendant to appear
during the pre-trial?
7. What is the effect of the failure of the defendant to appear during
the preliminary conference under the Rule on Summary
Procedure and Rule 70?

F. Things that may Happen After the Pre-Trial/ Preliminary


Conference
1. Case is Submitted for Resolution
a. Give the differences between a judgment on the pleadings and
a summary judgment.
b. Outline the procedure for the issuance of a summary
judgment.
c. What is a genuine issue?

2. Case is referred to a Commissioner


a. Who is a commissioner?
b. Give five examples of commissioners.

3. Case proceeds to trial

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