Rule 18 PRE-TRIAL

Q: When should the pre-trial be conducted?

A: After the Last responsive pleading has been served and filed, the branch clerk of court shall
issue within five days from filing, a notice of pre-trial which shall be set not later than 60 days
from the filing of the last responsive pleading. (S1 R18, as amended in the 2020 Rules of Civil
Procedure). Note that it is no longer the duty of the plaintiff to move that the case be set for
pre-trial.

Q: During the initial pre-trial hearing, both parties moved that the pre-trial be terminated and
that the case be set for trial. The judge granted the joint motion. Was the action of the judge
proper?

A: No. Pretrial is mandatory. Of course in case of an adverse decision against one of the parties,
he cannot move for the setting aside of the judgment since the termination of the pre-trial was
made with his consent. The judge however may be subjected to disciplinary action.

Q: What are the matters that the court shall consider during the pre-trial?

A: (a) The possibility of an amicable settlement or of a submission to alternative modes of

dispute resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
(d) The limitation of the number and identification of witnesses and the setting of trial dates;
(e) The advisability of a preliminary reference of issues to a commissioner;