Professional Documents
Culture Documents
ORDINARY LABOR
1.- GREETINGS
Good morning, in Cañete, at ............ of the day ........... the preparatory hearing in case
RIT.............. begins. .
This hearing is being conducted by ................ Subrogating Judge of the Labor Court of
Cañete.
3. AGREEMENT:
- The court has learned that the parties have reportedly reached an agreement in the
courtroom. The plaintiff is given the floor.
- Transferred.
- The parties are consulted
- It is established that the termination of the labor relationship is by mutual agreement of the
parties.
- The terms of the agreement are established by resolution, it is deemed approved in all that
is not contrary to law. It is hereby stated for the record that the cause for termination of the
labor relationship is mutual agreement. It is recorded as having the value of a judgment.
4.- RELATIONSHIP:
- The judge summarizes the claim and answer with counterclaim, if any. (Respondent must
answer with 5 days notice to the A.P. art. 452)
- "Since the defendant has not answered the claim, it is declared that there are no
substantial, pertinent and disputed facts, and therefore the parties will be directly
summoned to hear the judgment. (In the judgment to have the facts tacitly admitted).
It is deemed ratified
-Judge's options:
b) if there are exceptions of incompetence, lack of capacity, ineptitude of the libel, expiration,
statute of limitations, procedural claim: suspend the hearing if there is no background information
in the process or if they are not public and notorious facts.
c) If it is necessary to correct defects, a period of 5 days is granted, under penalty of art. 453.
-If there is partial acceptance in the answer. Resolve the points on which there is conformity (value
of interlocutory judgment).
it is noted that the parties were called to conciliation, which did not take place.
If there is no answer: the call for conciliation is considered frustrated.
If there is a partial conciliation, record it in the respective minutes with the signature of the
attendees.
10.-TESTED FACTS:
Amount of the agreed monthly compensation and compensation in effect at the date of termination
of the employment relationship
The plaintiff was dismissed on the date and in the manner indicated in his presentation. Facts that
constitute unjustified dismissal.
Effectiveness of the defendant's owing the benefits indicated in the complaint. If applicable, the
amount thereof.
Statement of payment of social security contributions at the date of termination of the employment
relationship
Documentary: (to exhibit it to the opposing party because art. 446 states that in A.P. are
"presented")
Absolution of positions:
Testimonial:
Resolution: As requested, being the responsibility of the applicant to make them appear at
the hearing.
Only up to 4 witnesses may appear.
4. Expert:
With agreement of the parties to exempt the expert from attending the hearing
Crafts: only those that are indispensable, with objective, pertinent and specific information. Give a
deadline to evacuate it no later than 3 days before A.J.
2°) PLAINTIFF:
12) OTHER MATTERS OR INCIDENTS:(They areadded in this part, regardless of the time of
the hearing in which the discussion takes place):
The parties are summoned to a trial hearing to be held on _____ at _____ hours, (no later
than 30 days according to the law). It is stated for the record that the time limit is longer than that
established by Article 453, No. 6, because the court's agenda does not allow it.
The parties are personally notified of the date set above and of everything resolved in this
hearing.
The hearing is closed, and those present are notified of the resolution.
TRIAL HEARING
1.- GREETINGS
Good morning, in Cañete, at ............ of the day ........... the preparatory hearing in case
RIT.............. begins. .
This hearing is being conducted by ................ Subrogating Judge of the Labor Court of
Cañete.
-The plaintiff is a party unless it is a dismissal suit in which the defendant is a party.
-Analysis:
a) Documentary:
- can be challenged by the opposing party (if it is for judgments reject challenge because its
incorporation is only for illustrative purposes)
b) Confessional.
-There is no sheet.
-The questions must be: pertinent, clear and precise, they can be asked by the court.
- The lawyer is given the floor. The deponent is then called. It is individualized. The floor is given
to the person who requested the test. Oath????
c) Witnesses:
-Up to 4 per part. The judge can even reduce them for being useless reiteration on clarified facts.
-To take an oath or promise. To inform him of the sanction of art. 209 of the Penal Code.
-Do not ask questions: assertive, that contain elements of judgment that determine the answer; that
refer to matters outside the trial. (the court qualifies it without further procedure).
d) Office:
e) Expert evidence.
5) INCIDENTS
- if a hindrance occurs because the confessor does not arrive, it is resolved immediately. (N° 10 art
454.
- the parties are deemed to have been notified of the judgment whether or not they attend the
reading hearing.