MA. VIDIA B.

LARGO

CIVIL PROCEDURE

ASSIGNMENT NO. 4

REQUIREMENTS OF PRE-TRIAL AND ITS CONSEQUENCES

Last Responsive Pleading

1. Filing and service of the last responsive pleading (Sec. 1, Rule 18);

Notice of Pre-Trial

2. Within five (5) calendar days after filing and service of last responsive
pleading, branch clerk of court shall issue Notice of Pre-Trial which shall include
the dates set for the following:

a. Pre-trial;

b. Court-Annexed Mediation; and

c. Judicial Dispute Resolution, if necessary (Sec. 3, Rule 18);

3. The Pre-Trial shall be set not later than sixty (60) calendar days from filing of
the last responsive pleading (Sec. 1, Rule 18);

4. Notice of pre-trial shall be served on:

a. The counsel; or

b. The party if he or she has no counsel (Sec. 3, Rule 18);

CONSEQUENCES:

Non-appearance at any of the foregoing settings shall be deemed as non-appearance

at the pre-trial and shall merit the same sanctions under Sec. 5, Rule 18 (Sec. 3, Rule
18), to wit:

PARTICU- DURA- REQUIRE- CONSEQUENCES

LARS TION MENTS

10 days Appearance Section 5. Effect of failure to appear. -

FAILURE OF The failure of the plaintiff to appear when
THE so required pursuant to the next
 preceding section shall be cause for
PARTIES TO dismissal of the action. The dismissal
APPEAR shall be with prejudice, unless otherwise
ordered by the court. A similar failure on
the part of the defendant shall be cause
to allow the plaintiff to present his
evidence ex parte and the court to
render judgment on the basis thereof.

Hence, the failure of a party to appear at

pre-trial has adverse consequences: if
the absent party is the plaintiff then he
may be declared non-suited and his
case is dismissed; if the absent party is
the defendant, then the plaintiff may be
allowed to present his evidence ex parte
and the court to render judgment on the
basis thereof.

And if the parties cannot attend, a

representative may appear on behalf
of the party, but must be fully
authorized in writing to enter into an
amicable settlement, to submit to
alternative dispute resolution, and to
enter into stipulations or admissions of
facts and documents.

Consequences: Failure of the party to

personally appear during the
scheduled pre-trial conference shall
result in the waiver of any objections to
the faithfulness of the reproductions
marked or the genuineness and due
execution of the evidence presented.

In addition, if it is the plaintiff who failed

to appear, despite due notice and
without valid cause, his/her case will
be dismissed with prejudice.

But if it is the defendant who failed to

appear, even if duly notified and
without justifiable cause, the plaintiff
shall be allowed to present his/her
evidence ex-parte within 10 calendar
 days from termination of the pre-trial
and the court will render judgment on
the basis of the evidence offered.

10 days Appearance Thus, Section 4, Rule 18 requires the

FAILURE OF parties and their counsel to appear at
THE the pre-trial conference. The effect of
LAWYERS their failure to appear is spelled under
TO APPEAR Section 5 of the same rule, as follows:

Section 4. Appearance of parties. - It

shall be the duty of the parties and their
counsel to appear at the pre-trial. The
non-appearance of a party may be
excused only if a valid cause is shown
therefor or if a representative shall
appear in his behalf fully authorized in
writing to enter into an amicable
settlement, to submit to alternative
modes of dispute resolution, and to enter
into stipulations or admissions of facts
and of documents.

Section 5. Effect of failure to appear. -

The failure of the plaintiff to appear when
so required pursuant to the next
preceding section shall be cause for
dismissal of the action. The dismissal
shall be with prejudice, unless otherwise
ordered by the court. A similar failure on
the part of the defendant shall be cause
to allow the plaintiff to present his
evidence ex parte and the court to
render judgment on the basis thereof.

By way of exception, the non-

appearance of a party and counsel may
be excused if (1) a valid cause is shown;
or (2) there is an appearance of a
representative on behalf of a party fully
authorized in writing to enter into an
amicable settlement, to submit to
alternative modes of dispute resolution,
and to enter into stipulations or
admissions of facts and of documents.
 What constitutes a valid cause is subject
to the court's sound discretion and the
exercise of such discretion shall not be
disturbed except in cases of clear and
manifest abuse.

Consequences: Failure of the

counsel to personally appear
during the scheduled pre-
trial conference shall result
in the waiver of any
objections to the faithfulness
of the reproductions marked
or the genuineness and due
execution of the evidence
presented.

10 days Appearance Thus, Section 4, Rule 18 requires the

FAILURE OF parties and their counsel to appear at
BOTH the pre-trial conference. The effect of
PARTIES their failure to appear is spelled under
AND THEIR Section 5 of the same rule, as follows:
LAWYERS
Section 4. Appearance of parties. - It
shall be the duty of the parties and their
counsel to appear at the pre-trial.The
non-appearance of a party may be
excused only if a valid cause is shown
therefor or if a representative shall
appear in his behalf fully authorized in
writing to enter into an amicable
settlement, to submit to alternative
modes of dispute resolution, and to enter
into stipulations or admissions of facts
and of documents.

Section 5. Effect of failure to appear. -

The failure of the plaintiff to appear when
so required pursuant to the next
preceding section shall be cause for
dismissal of the action. The dismissal
shall be with prejudice, unless otherwise
ordered by the court. A similar failure on
the part of the defendant shall be cause
to allow the plaintiff to present his
evidence ex parte and the court to
render judgment on the basis thereof.

Failure without just cause of a party

and counsel to appear during pre-
trial, despite notice - waiver of any
objections to the faithfulness of the
reproductions marked, or their
genuineness and due execution.

Non-appearance during pre-trial,

Court-Annexed Mediation, or Judicial
Dispute Resolution - shall be deemed
as nonappearance at the pre-trial and
shall merit the same sanctions under
Rule 18, Section 5 of the Rules.

EFFECTS OF FAILURE TO APPEAR

● When duly notified, the
failure of the plaintiff and
counsel to appear without valid
cause when so required – action
shall be dismissed with prejudice
unless otherwise ordered by the
court.
● Similar failure on the part
of the defendant and counsel –
plaintiff shall be allowed to present
his or her evidence ex-parte within
ten (10) calendar days from
termination of the pre-trial, and the
court to render judgment on the
basis of the evidence offered.
● Opposing parties fail to
appear during presentation of
the parties’ witnesses at a
scheduled date without valid
cause - the presentation of the
scheduled witness will proceed with
the absent party being deemed to
have waived the right to interpose
objection and conduct cross-
examination.
 10 days Evidence 'Under Section 3, Rule 130, Rules of
FAILURE TO Court, the original document must
BRING THE be produced and no evidence shall
ORIGINAL be admissible other than the original
COPY OF document itself, except in the
THE following cases: a) When the
DOCUMENT original has been lost or destroyed
S or cannot be produced in court.
without bad faith on the part of the
offeror: b) When the original is in the
custody or under the control of the
party against whom the evidence is
offered, and the latter fails to
produce it after reasonable notice;
c) When the original consists of
numerous accounts or other
documents which cannot be
examined in court without great loss
of time and the fact sought to be
established from them is only the
general result of the whole; and d)
When the original is a public record
in the custody of a public officer or is
recorded in a public office.

 The documents cannot be

marked as exhibit during the
pre-trial. It cannot be offered
as evidence due to lack of
original copy of document.
The court will provisionally
mark the photocopied
documents subject to the
submission of original
thereof, except in the cases
a) When the original has
been lost or destroyed or
cannot be produced in court.
without bad faith on the part
of the offeror: b) When the
original is in the custody or
under the control of the party
against whom the evidence is
offered, and the latter fails to
produce it after reasonable
notice; c) When the original
consists of numerous
accounts or other documents
which cannot be examined in
court without great loss of
time and the fact sought to be
established from them is only
the general result of the
whole; and d) When the
original is a public record in
the custody of a public officer
or is recorded in a public
office.