Rule 18 = Notes on Remedial Law
Pre-trial
1 After last pleading has been served and filed, plaintiff may promply move ex parte to set case for pre-
trial;
- Not duty of clerk of court
- Duty of proponent to take steps
- Uniform procedure, even MTC required to conduct one; pre-trial conference to be held except in
summary proceeding where conferenced to be held instead of pre-trial.
- Last pleading may be a reply of plaintiff.
2. Nature and purpose –
- mandatory; to consider possibility of settlement or submission to alternative mode of dispute
resolution, simplification of issues,necessity or desirability of amendment of pleadings, possibility of
obtaining stipulations or admissions of facts; limitations of number of witnesses, advisability of
preliminary referral of issues to commissioner, propriety of rendering judgment on the pleadings or of
summary judgment, or dismissal of action should a valid ground exist, advisability of suspending
proceedings, other matters that ma aid in prompt disposition of the case.
3. Notice to be served on counsel, Counsel to notify client.
4. Appearance of parties – Party and counsel to appear unless excused, or with authority to enter into
compromise agreement, submit to alternative modes of dispute resolution, or enter into stipulations or
admissions of facts and documents;
- non appearance of party or counsel without SPA, non suited.
5. Plaintiff fails to appear, action dismissed with prejudice. Defendant fails to appear,ex parte
presentation of plaintiff and court to render judgment on basis thereof;\
- remedy for dismissal; MR, no need for affidavit of merits; if denied, remedy, certitorari as order
Is interlocutory’
6. Pre-trial brief
- served at least 3 days before pre-trial date to contain:
a) Statement of willingness to enter into a compromise settlement or alternative mode of dispute
resolution
b) summary of admitted facts, or proposed stipulation of facts
c)issues to be tried o resolved
d) documents or exhibits to be presented , state purpose.
E) manifestation of having availed of discovery proceedings or referral to commssioners
f) no. and names of witnesses, and substance of testimonies.
- failure to file pre-trial brief, with same effect as failure to appear at pre-trial.
7. Record of pre-trial
- court to issue order showing in detail matters taken up, actions, amendments, admissions, limitations
of issues etc.
