Parts of a Pre-Trial Brief

Civil Cases

Rule 18 Section 6 of the Rules of Court require pre-trial briefs to

contain the following:

1. A concise statement of the case and the reliefs prayed for;

2. A summary of admitted facts and proposed stipulation of

facts;
In cases, parties often propose factual statements that
are advantageous to their position, while resisting facts that
may favor the adverse party. There is also the tendency to
take a cautious approach and require the adverse party to
prove all facts in support of their case at trial. A summary of
admitted facts and proposed stipulation of facts is important
to have the admitted facts be presented in an efficient and
effective manner in order not to waste time on issues not
legitimately in dispute. Parties must make good-faith effort
to present disputed facts and not to present other facts that
will be irrelevant and would waste the Court’s time in
rendering speedy trial of cases. If parties would be allowed
to introduce or present other facts, litigation would have no
end.

3. The main factual and legal issues to be tried or resolved;

In cases, parties must make a full disclosure of their
positions as to what the real issues of the trial would be.
Parties should not embarrass or inconvenience the Court or
injure the opposing litigant by their careless preparation for
a case, or by their failure to raise relevant issues at the outset
of trial, or by their unilateral withdrawal of valid stipulations
that they signed and fully assented to. If the main factual
and legal issues to be raised or resolved are not properly
indicated, the Court would be confused as to what the
parties intends to resolve of the case and that trials would
have no ending.

4. The propriety of referral of factual issues to commissioners;

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 This rule pertains to that, in any suit which the court
deems a local investigation to be a requisite or proper for the
purpose of elucidating or making matter clearer, any matter
in dispute, like of ascertaining market value of any property,
parties should agree that the court may issue a commission
to such person as it thinks fit directing that commission to
make such investigation and to report to the court factual
issues in dispute. This is proper because Courts issues of
facts requires the local examination to render justice.

5. The documents or other object evidence to be marked,

stating the purpose thereof;
Preparing the documents and other object evidence to
be marked will save time and expedite proceedings. During
the pre-trial, the court will require the parties to examine
and make comparisons of the adverse parties’ evidence vis-
à-vis the copies to be marked and manifest for the record
stipulations regarding the faithfulness of the reproductions
and the genuineness and due execution of the adverse
parties’ evidence. If the parties have already prepared such
documents ahead of time, it will be easier to do the
necessary comparison and manifestation.

6. The names of the witnesses, and the summary of their

respective testimonies; and
Identifying the names of the witnesses and the
summary of their respective testimonies will ensure that
there will be no surprises during the trial. Also, since the
adverse party will have already known what the summary of
the testimonies will be, it will aid the judge in persuading
the parties to arrive at a possible settlement of the dispute.

In case the parties do not agree to settle, the judge will

use the information regarding the witnesses to determine
the most important witnesses to be heard and to limit the
number of witnesses. The facts to be proven by each witness
and the approximate number of hours per witness shall also
be fixed.

7. A brief statement of points of law and citation of authorities.

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Criminal Cases

Under Rule 118 of the Rules of Court, the pre-trial conference should
consider the following:

1. Plea bargaining;

Plea bargaining is where a defendant pleads to a lesser

offense or to only one or some of the counts of multi-count
indictment in return for a lighter sentence than that for the
graver charge. It is encouraged because it leads to prompt
and final disposition of most criminal cases as it shortens
the time between the filing of the case and disposition
thereof, and enhances whatever may be the rehabilitative
prospects of the guilty when they are ultimately imprisoned.
In plea bargaining, the accused and the prosecutor, as
representative of the State, work out mutually for the
satisfactory disposition of the case and agrees for the
disposition thereof, but subject to the Court’s approval.

2. Stipulation of facts;

This rule is grounded on the fundamental right of the

accused to be presumed innocent until proven guilty, and
corollary duty of the prosecution to prove the guilt of the
accused beyond reasonable doubt. It is an advance that the
prosecution being duty-bound to prove all the elements of a
crime and that the defendant should be informed of the
allegations against him, facts of the case must be presented
as the Court pursues its objective of expediting trial and
disallow other facts to be presented that would drag
litigation endlessly and will not afford the accuse his
defenses as he proves his innocence.

3. Marking for identification of evidence of the parties;

During the pre-trial, documents and other evidence

will be marked. It is necessary that all relevant evidence
have been identified and marked because under existing
rules, no evidence shall be allowed to be presented and

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 offered during the trial other than those identified and
marked during the pre-trial except when allowed by the
court for good cause shown.

4. Waiver of objections to admissibility of evidence;

The pre-trial stage is where objections or waivers of

objections to admissibility of evidence is reviewed. Once a
pre-trial order has been issued, such order shall bind the
parties, limit the trial to matters not disposed of and control
the course of the action during the trial.

5. Modification of the order of trial if the accused admits the

charge but interposes a lawful defense; and

Order of trial in criminal cases is first, prosecution shall

present evidences to prove the charge and, in the proper
case, the civil liability and after resting, the accused may
present evidence to prove his defense and damages, if any,
arising from the issuance of a provisional remedy in the
case. Parties may, in that order, present rebuttal and sur-
rebuttal evidence unless the court, in furtherance of justice,
permits them to present additional evidence bearing upon
the main issue. Upon admission of evidence of the parties,
the case shall be deemed submitted for decision unless the
court directs them to argue orally or to submit written
memoranda. However, a modification of that order may be
entered in pre-trial when the accused admits the act or
omission charged in the complaint or information but
interposes a lawful defense, like self-defense, defense of a
third person, and any other defenses or causes that is
allowed by law to modify trial. Such modification may be the
reversal of the order of trial, were the accuse had admitted
that he or she had done the felony or offense and shall
present first his lawful defense of such act he or she
committed, that would promote the intent and objectives of
a speedy trial, preserve the rights of the parties, and prevent
confusing and disorderly trial.

6. Such matters as will promote a fair and expeditious trial of

the criminal and civil aspects of the case.