Practice Court
What to do after receipt of the notice of pre-trial conference?
- Prepare pre-trial brief.
- Serve copies to adverse party then file the brief in court.
Effects of failure to file pre-trial brief
Plaintiff: dismissal of action
Defendant: can no longer present evidence
Steps in stating appearances in initial trial
1. Clerk calls the case.
2. Judge asks for appearances. (Stand and enter your appearance: Good morning, your
honor. I am Atty. _________ of ___________ City. I am respectfully appearing as counsel
for the (plaintiff).
[If client cannot attend pre-trial conference, present an SPA to represent the client on his
behalf.]
Theory of Claim - make a summary of the complaint
Theory of Defense – present the summary of the answer
Trial proper – presentation of evidence by parties (pertaining to factual issues)
● There must be testimonial evidence before object evidence will be introduced.
How is testimonial evidence presented?
1. Judicial affidavit – can be used in lieu of oral examination in direct examination
2. Oral examination
Is JA applicable in all cases?
● In all civil cases—ordinary, special civil actions, special proceedings, direct
testimonies shall be in the form of JA.
● In direct examination, the witness will only the JA prepared by his counsel.
Direct 🡪 cross🡪 re-direct🡪 re🡪cross
False testimony – when a witness lies in court
Perjury – false testimony in an affidavit
Presenting a witness in initial trial
1. Witness is called to the stand.
2. Witness is sworn in.
3. Witness is qualified by court interpreter.
4. Interpreter manifests to the court the personal circumstances of the witness.
5. Judge: purpose (What is the purpose of the testimony of the witness? If otherwise
stated in the JA, counsel will notify judge of such incorporation in the JA.)
Why purpose must be stated?
- To state the gist of the testimony
Why offer is important?
- To be admitted
- Offer is important before presenting the testimony since it is the basis of the adverse
party’s objection.
SAMPLE of statement of purpose:
“The purpose of the testimony, your honor, is to prove that the witness is the
operations manager of MCC Lending Corporation, and that defendant contracted a
loan in the amount of ___________, and that defendant failed to pay the principal and
interest due amounting to ___________ despite repeated demands. She will likewise testify
as to other matters germane to the case, your honor.
That is the gist of the testimony, your honor.”
⮚ In civil cases, compromise agreement or mediation can be applied at any stage.
⮚ Stipulation of facts - Abbreviates the proceedings by doing away with facts agreed
upon; establish undisputed facts
⮚ Precautionary Rule- evidence which were not presented cannot be presented
anymore, except for compelling reasons.
Tender of excluded evidence – for testimony to be included in the records for purposes of
appeal. (“If he was allowed to testify, he would have testified on…”)
DIRECT EXAMINATION
Purpose: elicit from the witness the facts he is testifying about
● Statements in the direct examination must be believable, flowing from the natural
course of things.
● Statements must be stated chronologically so that the court can appreciate the
probative value.
● Aside from the witness being credible, the statement itself must also be a credible
story.
Tips/Rules in conducting direct examination
● Do not ask leading questions (those that suggest the answer; usually come in the
form of Yes or No questions). However, such Y/N questions can be asked during
preliminaries; if the witness is a child, from the adverse party, or hostile.
● Use: the 5Ws and 1H, can, could, will, would, if any…, if anything… (“Can you tell
us…” “Will you explain…” “What happened next, if any?”)
● Narrative answers are not allowed, only Q&A. (So that the opposing party will be
given opportunity to object after each question.)
● Witness’ credibility must be established through the propounded questions.
Assignment: due on Nov. 13th
Based on the TSN, construct additional questions (roughly 60) revolving upon the relevant
facts:
a. Witness is an employee of MCC Lending
b. Defendant obtained a loan
c. Breach of contract
d. Circumstances regarding the demands
e. Amount due and demandable
