PRE-TRIAL

Notice of Pre-trial
◦ 5 days from filing of last responsive pleading

◦ To be set not later than 60 days from filing of last responsive pleading

◦ Dates of Pre-trial, Court-Annexed Mediation, and JDR, if necessary

Pre-trial Brief
◦ At least 3 calendar days before pre-trial
◦ Concise statement of the case and reliefs
◦ Summary of admitted facts and proposed stipulation of facts
◦ Main factual and legal issues
◦ Propriety of referral of factual issues to commissioners
◦ Documents or other object evidence to be marked, and purpose
◦ Witnesses and summary of their testimonies
◦ Points of law and citation of authorities
Matters
◦ Possibility of amicable settlement or submission to ADR
◦ Issues
◦ Stipulations or admissions of facts and documents
◦ Witnesses (number and identity)
◦ Trial dates
◦ Advisability of preliminary reference to a commissioner
◦ Propriety of judgment on the pleadings/ summary judgment/ dismissal
◦ Marking, comparison of evidence, FRO, genuineness and due execution, reservation
Appearance
◦ Duly notified Plaintiff and counsel did not appear without valid cause = dismissal with prejudice, unless
otherwise ordered

◦ Duly notified Defendant and counsel did not appear without valid cause = Plaintiff to present evidence
ex parte within 10 calendar days from termination of pre-trial

◦ May be excused only for acts of God, force majeure, or duly substantiated physical inability
Judgment after Pre-trial
◦ Should there be:
◦ no more controverted facts
◦ no more genuine issue as to any material fact, or an absence of any issue
◦ answer fails to tender an issue…
◦ The court shall, without prejudice to a party moving for judgment on the pleadings under Rule 34 or
summary judgment under Rule 35, motu proprio include in the pre-trial order that the case be submitted
for summary judgment or judgment on the pleadings, without need of position papers or memoranda.
◦ The order of the court to submit the case for judgment pursuant to this Rule shall not be the subject to
appeal or certiorari.