COURT RULES AND BASICS

 Finding the Court Room

 Day Before
o Call clerk of court to confirm hearing date
o Certificate of appearance for billing hours
 Arriving
o Go to clerk and ask for records to be updated
o Check the number when your case will be called, but be careful for default
 Know the Court Premises
o parking
o photocopy
o toilet, refreshments
 Seating Arrangement
o Do not cross the bar if you are not a lawyer
o Detainees
 usually seated at the side or back of the court
 accompanied by jail guards
 Security
o leave cellphones
o list of attendees
 Calendar
 Who are Inside the Court Room
o judge, clerk of court, clerk-in-charge for civil and for criminal
o court stenographer, interpreter,
o sheriff, process server,
o security guard
 not all the time
o bailiff
 no more, unless there are security risks
 Ecumenical Prayer
o “you may join me in prayer”
 Call the Case
o branch clerk of court
o other staff
 Resetting of Hearings
o not automatically granted
 they ask for reasons
 illness of lawyer/party
o motion to reset is granted
 go to clerk of court, not branch clerk of court
 to pay fine for resetting of hearing; or
 to compensate adverse counsel who appeared
 Calling Cards
o give to the one who handles the folder/branch clerk of court
o for emergencies and resetting of hearings
 o but now it is required to put your contact details on pleadings
 Best Practices
 No-Nos
 Motion for Early Resolution
o to give immediate priority
 Court Forms
 Pairing, Acting, Executive Judge
o insist that a pairing or executive judge hear a case
o Acting Judge
 if no judge has been appointed yet to a court, the OCA appoints an acting
judge

Pre-trial Incidents

 Pleadings
o Complaint, Answer, Reply, Pre-Trial Brief
 Motions
o Dismiss, Hearing on Affirmative Defenses, Quash
o Reinvestigation, Determination of Probable Cause
 Incidentals
o TRO/Injunction, Attachment, Replevin
 Collusion Hearing & Report
o Solicitor General or public or trial prosecutor
 Mediation, Judicial Dispute Resolution
 Preliminary Conference before BCC
o Marking
o Stipulations

Complaint

 Filed to commence a Civil Action

 Venue, Jurisdiction, Parties
o names
o residences
 Averment of Facts
 Causes of Action
o elements
 right, violation, relief
o headings as 1st, 2nd, etc.
 Prayer

Answer

 Contains defenses
 Negative and Affirmative Defenses
 Counterclaim, Cross Claim
Reply

Pre-trial Brief

 A statement of their willingness to enter into an amicable settlement indicating the

desired terms thereof or to submit the case to any of the alternative modes of dispute
resolution
 Recovery of civil liability
o statement of intent of any offended party to so recover civil liability and/or waiver
of, reservation of, or intention to separately institute civil action;
 Plea Bargaining
o offers for plea bargaining, including the corresponding imposable penalties taking
into account various mitigating circumstances
 plea of guilt, voluntary surrender, age, etc.
 Summary of admitted facts and proposed stipulation of facts
 Issues to be tried or resolved
 Documents or exhibits must be pre-marked
 Number and names of witnesses, the substance of their testimonies and the approximate
number of hours
 Judicial Affidavits
o list of affidavits on record
o attached on pre-trial briefs
 available trial dates
 law and jurisprudence

 [incomplete]

What I look for in Pleadings

 Organized & logical presentation

 Facts stripped of irrelevant matters- succinct
 Elements of cause of action
 Latest Law & Jurisprudence
 Supporting evidence
 Attention to Form
 Professional Feel

Begin
 Outline

Goal of Pleading
  fill in outline
 partner up facts with law and case
 use latest law and case
 refrain from citing books unless there is no primary source
 clarity

Short and succinct is always preferred

 Aim for shorter paragraphs
 Rules revision proposal – 20 pages
 Edit, edit, edittttt

Always be professional and respectful in tone

 tone
 remember your audience, including the appellate court
 don’t be sarcastic

OFFER OF JUDICIAL AFFIDAVIT

1. Do you remember executing this case?
2. Do you recognize this document?
3. Do you recognize your signature?

We move that the judicial affidavits of the witness be offered as part of the direct testimony.

CROSS-EXAMINATION
1. Prepare cross-examination questions

NOTARY PUBLIC

Reminders:
1. Review evidence
2. Memorize how to offer evidence/JA, etc.
3. Prepare objections sheet
4. Prepare cross-examination questions
a. Every question must have a purpose
5. Prepare evidence folder/compilation
6. Prepare table of evidence and purpose
7. Photocopy JAs
8. Check notary publics
9. Re-cross examination questions
a. Listen to previous statements
10. Counter-marking of Evidence
11. Move striking of answer that are based on hearsay