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PRE- TRIAL BRIEF

GROUP 12 / CLAIRE L. BELTRAN


WHEN MUST THE PRE-TRIAL BRIEF BE FILED

▸ A pre-trial brief must be filed at least three (3) days before


the pre-trial.

▸ Meaning that, at least three (3) days before the pre-trial,


the pre-trial brief must have already been filed and served
on the adverse party.
WHAT SHOULD BE CONTAINED IN THE PRE-TRIAL BRIEF?
▸ The pre-trial brief shall contain the following matters:

▸ 1. A statement of their willingness to enter into an amicable settlement or


alternative modes of dispute resolution, indicating the desired terms thereof;

▸ 2. A summary of admitted facts and proposed stipulation of facts;

▸ 3. The issues to be tried or resolved;

▸ 4. The documents or exhibits to be presented, stating the purposes thereof;

▸ 5. A manifestation of their having availed of or their intention to avail of the


discovery procedures or referral to commissioners; and

▸ 6. The number and names of the witnesses, and the substance of their
respective testimonies
WHAT IS THE EFFECT OF FAILURE TO FILE A PRE-TRIAL BRIEF?

▸ The failure to file the pre-trial brief shall have the same
effect as failure to appear at the pre-trial (Sec. 6, Rule 18,
Rules of Court).

▸ Hence, if it is the plaintiff who fails to file a pre-trial brief,


his complaint may be dismissed. If it is the defendant who
fails to do so, such failure shall be a cause to allow the
plaintiff to present his evidence ex parte.