Designed by Atty. Gerry T.

Galacio ©
www.famli.blogspot.com All rights reserved

Direct exam, cross If the actions are pending

exam, re-direct and before different courts of
recross exam equal jurisdiction, the
cases may be conso-
lidated upon motion
with the court
handling the lowest
1. The plaintiff 4. If the court denies the de- numbered case.
presents evidence, murrer to evidence, then the CONSOLIDATED
testimonial or docu- defendant shall have the TRIAL
mentary, in support of right to present evidence. When several
his cause of action. 5. The third-party defend- actions involv-
2. After the plaintiff ant, if any, shall present ing a common
has completed the presentation evidence of his defense, question of law or
of his evidence, counterclaim, cross-claim, and facts are pending
the defendant fourth-party complaint. before the court, it may
may either file 6. The fourth-party defendant order a joint hearing or trial of
a motion for and so forth (if any) then any or all the matters in issue
the dismis- presents evidence. and may order that all the act-
sal of 7. The parties against whom ions be consolidated.
the case any counterclaim or
(“demurrer to cross-claim has been SEPARATE
evidence”), or pre- filed, shall present evi- TRIAL
sent evidence in dence in their
support of his defense. The court
defense, or his 8. The par- may order
counterclaim (compulsory or ties present a separate
permissive), cross-claim, rebuttal trial
trial of of
third party complaint, evidence any claim,
fourth party complaint, etc. (unless the crossclaim
3. If the court grants the de- court for good or counter-
murrer to evidence, it orders the reasons and in the claim, or a
dismissal of the case. However, furtherance of justice, permits third party
if the plaintiff appeals and the them to present evidence on complaint, to
order of dismissal is reversed their original case. avoid pre-
by the appellate court, then the 9. After the admission of evi- judice to
defendant loses the right to dence, the case is submitted for any party.
present the evidence in support decision. The court may require
Rules 30, 31, 32 and 33
of his defense. oral arguments or memoranda.
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