5.

Trial by Commissioner – by written consent

RULE 30 – Trial
Trial - A formal judicial examination of evidence and
determination of legal claims in an adversary
proceeding.
of both parties, the court may order or all
the issues in a case to be referred to a
commissioner.
Section 1. Schedule of Trial

General Rule: Trial is necessary if there are legal

or factual issues involved in the case which Schedule of Trial - 30 days from termination of Pre-Trial
requires presentation of evidence.

XPN:Trial is no longer necessary in order for the

adjudication of the action in the following instances: Presentation of Plaintiff's evidence - 3 months or 90
calendar days

1. Parties enter into an amicable settlement or

compromise of their claims. (Judgment on
Compromise) Presentation of Defendents evidence - 3 months or 90
2. Agreement of the parties – based solely on calendar days
the pleadings of the parties and the
documents appended to their memorandum
where the parties themselves agreed to Third (Fourth, etc.) party claim, counterclaim or cross-
forego a full blown trial and to instead file claim - shall not exceed 90 calendar days
their respective Memorandum of Authority
3. Dismissal of complaint with prejudice
4. Summary Procedure Cases;
5. Where the pleadings of the parties tender to Rebuttal evidence - 30 Calendar Days
no issue at all (Judgment on the pleadings)
6. Where from the pleadings, affidavits,
depositions and other papers, there is no
genuine issue (Summary Judgment) Decision - within 90 days from submission
7. When the parties to any action agree, in
writing, upon the facts involved in the
litigation and submit the case for judgment
on the facts agreed upon, without the Section 2. Adjournments and postponements
introduction of evidence (Judgment on
Facts Stipulated/Agreed Upon) General Rule:
A court may adjourn a trial for a longer period that
Kinds of Trial one month for each adjournment and not for more
than three months total for all adjournments.
1. Trial on the Merits – trial where the factual
and legal issues are resolved in a case XPN:
2. New trial or trial de novo – an application for When authorized in writing by the Court
a relief requesting that the judge set aside Administrator, Supreme Court
the judgment and order a new trial on the
basis that the trial was improper. Section 3. Requisites of motion to postpone
3. Joint or Consolidated Trial – when actions trial for illness of party or counsel.
involving a common question of law or fact
are pending before the court. A motion to postpone a trial on the ground of illness
4. Separate Trial – the court, in furtherance of of the party or counsel may be granted if:
convenience or to avoid prejudice, may
order a separate trial any claim, 1. It appears upon affidavit or sworn
counterclaim, cross-claim or third party certification showing that the presence of
complaint, or any separate issue or any such party or counsel at the trial is
number of claims, cross-claims, indispensable;
counterclaims, third-party complaints or
issue
 2. The character of the party’s or counsel’s
illness is such as to render his or her non-
attendance excusable.
Section 4. Hearing days and calendar call.
Hearing day
Trial shall be held from Monday to Thursday (8:30
am to 2:00 pm)
Motion day
Hearing on motions shall be held on Fridays
Court Calendars – at least one day before the
scheduled hearings.
Section 5. Order of Trial
Order of Trial
The trial shall proceed as follows:
1. Plaintiff shall adduce evidence in support of
his complaint
2. Defendant shall adduce evidence
3. Third-party defendant shall adduce
evidence
4. Fourth party defendant shall adduce
evidence
5. The parties against whom any counterclaim
or cross-claim has been pleaded, shall
adduce evidence in support of their defense
6. Parties may then adduce rebutting evidence
only, unless the court permits them to
adduced evidence
7. Oral argument and submission of
memoranda any further pleadings
8. Case deemed submitted for decision.
General Rule:
The trial shall be limited to the issues stated in the
pre-trial order
XPN:
1. Any claim, cross-claim, counterclaim or third
party complaint
2. Any separate issue; or
3. Any number of claims, crossclaim,
counterclaim, third party complaint or
issues.
Section 6. Oral offer of exhibits
Section 7. Agreed statement of facts
1. The parties to ANY actions may agree upon
the facts involved in the litigation.
2. Such agreement must be in WRITING and
upon facts involved in the litigation. The
case will be then be submitted for
judgement on the facts agreed upon
WITHOUT need to introduction of evidence.
3. If the parties agrees only on some of the
facts, trial shall be held as to the disputed
facts.
Section 8. Suspension of Actions
Governed by the provisions of the Civil Code
Section 9. Judge to receive evidence;
delegation to clerk of court.
DELEGATION OF RECEPTION OF EVIDENCE
General Rule:
The judge of the court where the case is
pending shall PERSONALLY RECEIVE the
evidence to be adduced by the parties
XPN: The court may delegate the reception of
evidence to its clerk of court, who is member of the
Bar, in:
1. Default or ex parte hearings; or
2. Any case where the parties so agree in
writing.
Duty of the Clerk of Court after Delegation
The clerk of court has the duty to submit his
report, objections, and transcripts of the
proceedings within 10 days from the termination of
hearing.
CoC have no power
1. To rule on objections to any question; or
2. To rule on the admission of exhibits.
Such objections will be resolved by the judge within
10 calendar days from the termination of hearing.