MANUAL FOR JUDGES

Rules 22 and 24
Revised Rules of Civil Procedure
(Pursuant to A.M. 14-03-02-SC, March 8, 2014)

A. PRELIMINARY CONFERENCE
I.

BEFORE THE PRELIMINARY CONFERENCE

a. Pleadings, motions and modes of discovery
1. Ensure that all pending incidents are resolved.1
2. Determine whether the parties to the case have availed
or will avail of modes of discovery under Rules 27 to 31 of
the Revised Rules of Civil Procedure.2
3. If the parties availed of discovery processes, require the
submission of the record of the discovery proceedings,
previously undisclosed documents or facts, and judicial
affidavits pertaining to the fruits of the discovery within
sixty (60) days from the time the parties started the
discovery process [Section 22.3].
b. Judicial Dispute Resolution (JDR)
1. If the parties have settled the dispute during JDR, order
the dismissal of the case.
2. If parties have not settled the dispute, the case will be
raffled to a different branch for further proceedings
unless a joint written motion or manifestation has been
filed by the parties requesting the court to retain the case
[Section 22.2].
3. If a joint written motion or manifestation is filed by the
parties, retain the case and proceed with the mandatory
disclosure of evidence [Section 22.2].
c. Judicial Affidavits

See Rule 10 on Amended and Supplemental Pleadings, Rule 12 on Bill of Particulars,

Rule 15 on Motions to Dismiss in the 1997 Rules of Civil Procedure.
Note: Rule 6
on Conditions to Action, i.e.., prior written demand, written proof of failed effort to
meet and negotiate, certification of failure of subsequent submission to mediation, in
the Revised Rules of Civil Procedure, have not yet been adopted, and thus, may not
yet be applicable to pilot-courts.

2 Rules 27 to 31 have not yet been adopted and, thus, may not yet be applicable to
pilot-courts.

1. Act on and resolve a request for issuance of subpoena ad

testificandum or duces tecum filed by a party [Section
22.2(d)].
2. If the witness subject of the request is neither a witness
for the adverse party or a hostile witness and the refusal
to execute a judicial affidavit is unjustifiable, issue
subpoena ad testificandum or duces tecum in favor of the
requesting party.
3. Send notice to the parties requiring the simultaneous
submission and service of their respective judicial
affidavits with all documentary and/or object evidence
attached thereto [Section 22.2(a)].
4. Grant leave of court for the preparation of affidavit
through video conferencing if the intended witness is a
vital witness who is: (a) outside of the Philippines; or (b)
shown to be under an exceptional or compelling
predicament during the period for the submission of
judicial affidavits [Section 22.2(f)].
5. Resolve a motion filed by a party to allow a witness who
was unable to execute a judicial affidavit to testify in
court by way or narration of the facts. The motion may be
granted if: (a) the inability of the witness to execute a
judicial affidavit is because of an exceptional or
compelling reason; (b) the motion contains the substance
of the testimony of the witness; and (c) the motion is filed
within the period for submission of judicial affidavits.
6. Impose a fine which is not less than P1,000.00 or more
than P5,000.00 in case of the party fails to timely submit
the required judicial affidavits and exhibits or submits a
non-compliance judicial affidavit except in the following
instances:
a) Failure of the party to submit was for good cause
and, in fact, the judicial affidavit and exhibits were
submitted within the prescribed period therefor.
b) The non-compliance is with good cause and the party
submits a compliant replacement affidavit within the
prescribed period therefor.
7. Resolve motions for leave of court filed by a party for the
submission of reply-judicial affidavits made beyond the
prescribed period [Section 22.2(b)]. No further judicial
affidavit may be received without such prior leave of
court being granted.
d. Terms of Reference [Section 22.4]
1. Issue an Order requiring the parties to simultaneous
submit and serve drafts of the Terms of Reference within

fifteen (15) days from receipt of the order [Section

22.4(a)].
2. In the event that a party failed to submit such draft Terms
of Reference, issue an Order stating that the party is
deemed to have waived the submission thereof [Section
22.4(f)].
3. Impose appropriate sanctions in case of a partys failure
to timely submit a draft of the Terms of Reference
[Section 22.4(f)].
4. Within fifteen (15) days from receipt of the drafts of the
Terms of Reference, prepare a final version of the Terms
of Reference taking such drafts into account [Section
22.4(g)].
e. Schedule of Preliminary Conference
1. Instruct the branch clerk of court to consult the parties,
through their counsels, on their availability for the
preliminary conference [Section 22.5].
2. Instruct the branch clerk of court to issue a written notice
of the preliminary conference on the parties, which notice
shall require the parties and their counsels to appear at
the date and time set for the preliminary conference
[Section 22.5].
II.

PRELIMINARY CONFERENCE PROPER

a. Appearance of parties and counsel
1. Check whether all the parties and their counsels are
present at the scheduled preliminary conference. If a
party fails to appear or appears through a representative,
determine whether the representative is fully authorized
to act on the partys behalf in all matters subject of the
preliminary conference [Section 22.5].
2. In case of non-appearance by a party or his counsel
during the scheduled preliminary conference, examine ex
parte such partys witness or witnesses based on their
judicial affidavits [Section 22.7].
3. Within thirty (30) days from the date of the scheduled
preliminary conference, and after examining the absent
partys witness or witnesses, render a decision as in
default adjudicating the other partys claims, if warranted
[Section 22.7].
4. If a motion to set aside decision in default is filed by a
party, resolve the motion as follows:
a) Grant the motion to set aside decision as in default if
the same is clearly meritorious and is: (a) filed within

fifteen (15) days from notice of the decision; (b) prior

notice of the motion was given to the adverse party;
and (c) the partys failure to appear has been due to
extrinsic fraud or unavoidable accident [Section
22.8].
b) At the courts discretion, grant the motion to set
aside decision as in default even where the ground is
not clearly meritorious and reschedule another
preliminary conference for the last time upon: (a)
admission of error or neglect by the party or his
counsel; and (b) payment of the fine imposed which
shall not be less than P1,000.00 or more than
P5,000.00 [Section 22.8].
b. Matters to be taken up
1. Consult the parties and their counsels if there is a need to
change the Terms of Reference and order such change to
be made when warranted [Section 22.9(a)].
2. Include, upon request of a party, an excluded issue for
trial if the additional issue sought to be included is
genuine and not a sham and require the party so
requesting to pay court costs amounting to not less than
P10,000.00 but not more than P50,000.00, at the courts
discretion [Section 22.9(b)].
3. Forfeit the court costs if the issue so included is
determined to be a sham by the court or a higher court
on appeal; otherwise, the amount shall be refunded
[Section 22.9(b)].
4. Adjourn, just once, the preliminary conference if the
parties request for time to consider a possible settlement
[Section 22.9(c)].
5. Determine whether the issues to be resolved warrant an
alternate or face-to-face trial. In case the circumstances
warrant a face-to-face trial, determine whether it will be a
simple or summary face-to-face or regular face-to-face
[Section 22.9 (d)(4)]
6. Consult the parties and determine the following for
purposes of issuing the Order of Trial:
a) Sequence of issues to be heard;
b) The identity of witnesses who will be presented to
testify on each issue or related issues and the
sequence for the examination of such witnesses by
the counsels of the contending parties;
c) The specific dates for reception of evidence on each
issue or related issues;
d) The mode of trial to be adopted by the court;

i.

Adopt a regular face-to-face trial where the

issues are complex or numerous and the
evidence from both sides consists of
testimonies of several witnesses or involve
numerous pieces of evidence. Spread the
schedules of hearings of the regular face-toface trial over a period of time.
ii.
Adopt a simple one-time face-to-face trial
where the issues are simple and few. If the
issues turn out to be complex or numerous,
suspend the proceedings and direct the
conduct of a regular face-to-face trial in
succeeding settings.
iii.
Adopt an alternate trial when warranted under
the
circumstances
or
upon
unanimous
agreement of the parties.
e) In case of a face-to-face trial, the separate date and
schedule for examination of witnesses exempt from
face-to-face examination.
7. Summarize the arrangements for the Order of Trial based
on the discussions during the preliminary conference.
c. Judgment or dismissal [Section 22.9(e)]
1. Determine whether judgment or dismissal of the case is
warranted, such as when there is no genuine issue
involved in the case.
2. If necessary to determine a ground for dismissal of the
case, set the case for reception of evidence relating to
dismissal and, if warranted, dismiss the case.
III.

AFTER THE PRELIMINARY CONFERENCE

a. Final Terms of Reference [Section 22.4(g)]
1. Revise or amend the Terms of Reference as may be
warranted based on the requests made by the parties or
to include an excluded issue for trial.
2. Issue a final Terms of Reference.
b. Order of Trial [Section 22.9(d)(6)]
1. Issue an Order of Trial which shall accurately reflect the
matters agreed upon and taken up during the preliminary
conference.
2. Furnish the parties with a copy of the Order of Trial.
c. Judgment or dismissal [Section 22.9(e)]

1. Determine whether judgment or dismissal of the case is

warranted, such as when there is no genuine issue
involved in the case.
2. If necessary to determine a ground for dismissal of the
case, set the case for reception of evidence relating to
dismissal and, if warranted, dismiss the case.
d. Exempt witnesses and proceedings from face-to-face trial
[Section 24.10]
1. Regardless of the mode adopted in the Order of Trial,
schedule a separate examination date for a witness who
is either: (a) a child witness; (b) mentally, psychologically,
or physically challenged; (c) under a similar condition
which puts such witness at a disadvantage in a face-toface confrontation. Examine the other witnesses not
exempt in the usual course of the trial.
2. Do not require the conduct of face-to-face trial and
examination in: (a) special civil actions; (b) special
proceedings; and (c) where there is a perceived danger of
uncontrollable passion arising from deep animosity
between the parties.

B. TRIAL OF THE ISSUES

1. BEFORE TRIAL
A. Appearance and postponements
1.
Check whether all the parties, their counsels and
witnesses, as listed in the Order of Trial, are present. Do
not allow postponement or rescheduling of trial unless
upon motion of a party on grounds of fortuitous event or
serious illness.
2.
If a motion for postponement or rescheduling is filed
on the ground of fortuitous event, determine whether the
same is established by the evidence presented by the
party in support of the motion. If the ground turns out to
be false, at the courts discretion, hold the party or
counsel in contempt of court. [Section 24.14(a)].
3.
If the ground for postponement or rescheduling is
serious illness, check if the motion is accompanied by a
medical certificate issued by a physician stating that the
illness is of such gravity as to prevent the counsel or
witness from attending the scheduled hearing. Require

the physician to appear before the court or order another

physician, either government employed or retained by
the adverse party, to verify the truth of the certification. .
[Section 24.14(b)].
4.
If the certification or ground turns out to be false, at
the courts discretion, hold the party or counsel in
contempt of court. [Section 24.14(c)].
5.
Verify the truth of the certification by requiring the
appearance of the physician in court to validate the truth
of the certification. [Section 24.14(b)]
B. Consequences of failure to appear
1.
Absent a prior postponement obtained by the party
or counsel, proceed with trial as the absence shall be
considered a waiver of appearance of the party. Examine
the witnesses, if present, of the absent party or counsel in
the usual course [Section 24.15].
2.
If the witness fails to appear at the scheduled trial,
expunge the judicial affidavit of such witness without
prejudice to the adverse partys use thereof as a judicial
admission if the witness is also a party.
C. Disqualification of witnesses and/or exclusion of judicial affidavit
1.
Resolve any motion to disqualify such witness or to
strike out or exclude the whole or part of his/her judicial
affidavit or to exclude any of the answers found in it or
exhibits attached to it on the ground of inadmissibility
[Section 24.4(b) and (c)].
2.
Exclude testimonies and exhibits on public policy
grounds without prejudice to allowing the parties to make
a tender of such excluded evidence under the appropriate
rule [Section 24.4(c)].
2. TRIAL PROPER
A. Common Rules
1.
Require the witnesses during trial of issues to testify
either in English of Filipino, whichever language will allow
fair exchanges [Section 24.17].
2.
Resolve any motion for the examination of the
witness to be conducted in the language or dialect known
to the witness on the ground of language difficulty
[Section 24.17].

3.
Try each factual issue in the sequence provided in
the Order of Trial. Two or more closely related issues may
be simultaneously tried. [Section 24.4(a)].
4.
Examine the witnesses to determine the truthfulness
of their judicial affidavits [Section 24.4(d)].
5.
Resolve the exception/s or objection/s raised against
the questions propounded by the counsel to the witness
as follows Sections 24.8 and 24.9]:
Type of Objection
FORM, i.e., questions are
argumentative,
leading,
multiple, repetitive, vague,
improper characterization,
confusing or unfair
SUBSTANCE, i.e., questions
are perceived to elicit
inadmissible answers such
as, but not limited to, those
relating to right against selfincrimination,
privileged
communication,
disqualification, Statute of
Frauds, rape shield law,
bank secrecy laws, AntiMoney Laundering Act, and
other
laws
or
rules
prohibiting disclosure of
information or data
ADMISSIBILITY
under
applicable provisions of the
Rules on Evidence, i.e., best
evidence, parol evidence,
conclusion
or
opinion
evidence, hearsay evidence,
irrelevant
evidence
or
character evidence

When made
After question has
been answered

Court Action
(1) Note the exceptions
or, (2) strike out the
answer and rephrase
the question

Before witness
answers the
questions

Promptly
rule
on
exceptions or motions

If answer already
given, counsel may
move to strike out
the answer

After the question

has been answered

Note
exception
and
consider when deciding
the case

B. Courts Action on the Allowed Motions

1. Motion to admit newly discovered evidence - If evidence
is newly discovered during trial, resolve the motion to
admit the newly-discovered evidence. [Section 24.16].
2. Motion to amend Order of Trial- If new issues arise during
the course of trial, even without amending the pleadings,
resolve the motion to amend the Order of Trial [Section
24.16].

3. Motion for leave for an expert to ask question directed to

adverse partys expert witness- Resolve the Motion for
Leave for an expert witness to ask questions directed to
the adverse partys expert witness on any matter covered
by the testimony of the latter on the issue or related
issues at hand [Section 24.11].
C. Modes of Trial
1. ALTERNATE TRIAL
a) Presentation of witnesses by the parties.
i. Order the party who bears the burden of
proving the affirmative of the first issue under
consideration to be the first to present
witnesses respecting such issue [Section
24.5(b)].
ii.
If more than one witness will be presented,
order the parties to present the witnesses
successively respecting such issue. [Section
24.5(b)]
iii.
After each witness is presented, be the first to
examine each of the witnesses. [Section
24.5(c)]
iv.
After examining each of the witnesses
presented, order the counsel/s to then take
turns to conduct the cross, re-direct and recross of the particular witness.
[Section
24.5(c)].
v. After the court and the counsels have
examined all the witnesses for the particular
issue or related issues, order the counsel for
the adverse party to present the witness/es for
that issue [Section 24.5(e)].
vi.
After each adverse party witness is presented,
be the first to examine each of the witnesses.
[Section 24.5(c)].
vii.
After examining each of the witnesses
presented by the adverse party, order the
counsel/s to take turns to conduct the cross, redirect and re-cross of the adverse party
witness/es. [Section 24.5(c)].
viii.
During the examination of the witnesses
ensure that it is entirely focused on the issue/s
at hand and not dwell on matters outside of
and totally unrelated to such issue/s. [Section
24.5(d)].

ix.

After all the witnesses from both sides have

been examined respecting the issue or related
issues, order the parties to move on to the next
issue or related issues as appearing in the
Order of Trial. [Section 24.5(e)] following the
same rules.

b) Memorandum and Oral Arguments

i. After the examination of all the witnesses of
the contending parties by the court and
counsels, and all the issues as appearing on
the Order of Trial have been heard, order the
parties
to
simultaneously
submit
the
memorandum or draft decision within thirty
(30) days from the last day of trial. Instruct
parties to include a softcopy of the document
in the format acceptable to the court. [Section
24.13 (a) (1)].
ii.
After the memoranda of the parties have been
submitted, order the counsels to prepare and
present the case for oral argument on such
date and time as the court and parties may
agree on [Section 24.13 (a) (2)].
iii.
Render a written decision within ninety (90)
days after the oral arguments of the parties.
[Section 24.13 (a) (3)]
iv.
Wholly or partially adopt or use the
memorandum or draft decision of the winning
party for the decision or prepare your own.
1. REGULAR FACE-TO-FACE TRIAL
a) Ground rules
i Make sure that all the witnesses are present
during the scheduled hearing. [Section 24.6(a)]
ii Ensure that witnesses exempt from face-toface examination are not included, i.e., a child
witness or a person who is mentally,
psychologically, or physically challenged or
under a similar conditions that puts such
witness in a disadvantage in a face-to-face
confrontation. Order the Examination of these
exempt witnesses separately on the schedules
indicated in the Order of Trial. [Section 24.10]
iii Order the witnesses to be arranged in such a
way that they sit face-to-face around the table

iv
v

vi

vii

in a non-adversarial environment [Section

24.6(b)].
Grant/deny the request for a person to speak
and ensure that only one person at a time shall
speak during trial. [Section 24.6(c)].
Instruct the witnesses and the parties that the
person who is speaking must identify
himself/herself for the record at all times
[Section 24.6(c)].
Rule on any objections raised against a witness
who attempts to pose questions to other
witnesses relating to their testimonies. [Section
24.6 (e)]
Ensure that witnesses are given equal time and
opportunity to answer questions propounded
by the court and/or the counsels. [Section 24.6
(e)].

b) First phase: Examination by the Court

i All the witnesses from the contending sides
shall appear before the court and shall
simultaneously swear to the truth of their
respective testimonies. [Section 24.6(a)]
ii Examine and question the witnesses from the
contending sides regarding the issue or related
issues at hand in no particular sequence.
[Section 24.7 (g)].
iii When the questions are directed to specific
witnesses, grant/deny the request of witnesses
to supplement, clarify or qualify the answers
the first witness has given. [Section 24.7(b)]
iv Ensure that the witnesses are given equal time
and opportunity to reply to the question
propounded to the other partys witness.
[Section 24.7(c)]
c) Second phase: Examination by Counsel
i After the first phase is concluded, counsels
from the contending sides shall cross-examine,
re-direct and re-cross the witnesses based on
their judicial affidavits, the attached exhibits,
the answers the witnesses gave during the
courts first-phase examination, or their
testimonies. This phase is without prejudice to
the courts further examination of the

ii

iii
iv
v

witnesses already examined by counsels.

[Section 24.7 (h)]
Follow the fixed sequence of examination as
appearing in the Order of Trial, especially
where there are multiple parties involved
[Section 24.7 (h)].
Ensure that a witness whose testimony is
adverse is examined [Section 24.7 (h)].
Adopt the testimony of another partys witness
if such testimony is favorable [Section 24.7
(h)].
After
counsels
have
concluded
their
examination of witnesses for the previous
issue, move for the examination of the
witnesses to be presented for the next issue or
related issues based on the Order of Trial.
Otherwise, adjourn the trial until the next
scheduled trial date appearing on the Order of
Trial [Section 24.7 (i)].

d) Memorandum and Oral Arguments

i After the examination of all the witnesses of
the contending parties by the court and
counsels, and all the issues as appearing on
the Order of Trial have been heard, order the
simultaneous submission of the memorandum
or draft decision within thirty (30) days from
the last day of trial. Instruct the parties to
include a softcopy of the document in the
format acceptable to the court. [Section 24.13
(a) (1)].
ii After the memoranda of the parties have been
submitted, schedule a date and time for the
parties to present the case for oral arguments.
[Section 24.13 (a) (2)].
iii Render a decision within ninety (90) days after
the oral arguments of the parties. [Section
24.13 (a) (3)]
2. SIMPLE OR SUMMARY FACE-TO-FACE TRIAL
a) Ground rules
i Make sure that all the witnesses are present
during the scheduled hearing. [Section 24.6(a)]
ii Ensure that witnesses exempt from face-toface examination are not included, i.e., a child

witness or a person who is mentally,

psychologically, or physically challenged or
under a similar conditions that puts such
witness in a disadvantage in a face-to-face
confrontation. Order the examination of these
exempt witnesses separately on the schedules
indicated in the Order of Trial. [Section 24.10]
iii Order the witnesses to be arranged in such a
way that they sit face-to-face around the table
in a non-adversarial environment [Section
24.6(b)].
iv Grant/deny the request for a person to speak
and ensure that only one person at a time shall
speak during trial. [Section 24.6(c)].
v Instruct the witnesses and the parties that the
person who is speaking must identify
himself/herself for the record at all times
[Section 24.6(c)].
vi Rule on any objections raised against a witness
who attempts to pose questions to other
witnesses relating to their testimonies.
[Section 24.6 (e)].
vii Ensure that witnesses are given equal time and
opportunity to answer questions propounded
by the court and/or the counsels. [Section 24.6
(e)].
viiiConduct the trial in one setting. [Section
24.12].
b) First phase: Examination by the Court
i All the witnesses from the contending sides
shall appear and shall simultaneously swear to
the truth of their respective testimonies.
[Section 24.6(a)]
ii Examine and question the witnesses from the
contending sides regarding the issue or related
issues at hand in no particular sequence.
[Section 24.7 (g)].
iii When the questions are directed to specific
witnesses, grant/deny the request of witnesses
to supplement, clarify or qualify the answers
the first witness has given. [Section 24.7(b)]
iv Ensure that the witnesses are given equal time
and opportunity to reply to the question
propounded to the other partys witness.
[Section 24.7(c)]

c) Second phase: Examination by Counsel

i After the first phase is concluded, counsels
from the contending sides shall cross-examine,
re-direct and re-cross the witnesses based on
their judicial affidavits, the attached exhibits,
the answers the witnesses gave during the
courts first-phase examination, or their
testimonies. This phase is without prejudice to
the courts further examination of the
witnesses already examined by counsels.
[Section 24.7 (h)]
ii Follow the fixed sequence of examination as
appearing in the Order of Trial, especially
where there are multiple parties involved
[Section 24.7 (h)].
iii Ensure that a witness whose testimony is
adverse is examined [Section 24.7 (h)].
iv Adopt the testimony of another partys witness
if such testimony is favorable [Section 24.7
(h)].
v After
counsels
have
concluded
their
examination of witnesses for the previous
issue, move for the examination of the
witnesses to be presented for the next issue or
related issues based on the Order of Trial.
Otherwise, adjourn the trial until the next
scheduled trial date appearing on the Order of
Trial [Section 24.7 (i)].
d) Oral arguments, oral judgment and memorandum or
draft decision
i After the examination of all the witnesses,
order the parties to present a brief oral
argument, upon the discretion of the court.
[Section 24.13 (b) (1)].
ii Order the parties or their counsels to sign the
minutes of the proceedings containing the oral
judgment as evidence of notification. [Section
24.13 (b) (2)].
iii Order the winning party to submit within thirty
(30) days from the oral judgment, a
memorandum or draft decision based on the
oral judgment rendered. Instruct the winning
party to include a softcopy of the document in

a format acceptable to the court. [Section

24.13 (b) (3)].
iv In place of oral argument, order the parties to
submit the memorandum or draft decision
within thirty (30) days from the last day of trial.
Instruct the parties to include a softcopy of the
document in a format acceptable to the court.
[Section 24.13 (b) (4)].
iv Render decision within sixty (60) days after the
oral arguments of the parties, if any, or from
the date the trial ended. [Section 24.13 (b) (5)]
AFTER TRIAL
1. Decision
a) In case of an alternate or regular face-to-face trial, render a
written decision within ninety (90) days after hearing the parties
on their oral argument. Prepare the written decision which may
wholly or partially adopt or use the memorandum or draft
decision of the winning party.
b) In case of a simple or summary face-to-face trial, promulgate a
written decision within sixty (60) days from the oral judgment, if
any, or from the date the face-to-face trial ended. The court may
adopt a partys memorandum or draft decision.
2. Appeal
a) In case an appeal is filed, the period to appeal shall be reckoned
from the date of receipt of the written decision by the appealing
party.

SAMPLE CASE
Company A, a construction company, entered into supply contract with Company B as
supplier. One of the terms of the contract is for Company B to supply 100 pcs. of Narra wood
panels to be used as flooring in Companys A projects. One of the requisites for the
perfection of the contract is for Company B to provide a Narra wood panel sample to
Company A. Company B presented Narra wood panel class 3 to Company A which the latter
approved.

Company A is now suing Company B for breach of contract with damages for failure to
provide the Narra wood panels to Company A in accordance with the terms of the contract.
In its Answer, Company B argued that it complied with the terms of the contract because it
delivered Narra wood panels. Its failure to deliver the Narra wood panel class 3 to Company
A was due to a log ban imposed by the government which constitutes a fortuitous event.
Company B argued that the wood panel it provided is Narra wood class 4 which substantially
complies with its obligation under the contract.
During preliminary conference, the issues were identified as follows:
(a) Whether or not Company B breached its obligation under the supply contract to
supply Narra wood panels to Company A;
(b) Whether or not the log ban is considered a fortuitous event; and
(c) Whether or not Company B is liable for damages to Company A.

J
U
D
G
E

St
en
og
ra
ph
er

CASE ILLUSTRATION FOR FACE-TO-FACE TRIAL

Illustration of Faceto-Face Trial

A. Trial on the first issue of whether or not Company B breached its
obligation under the supply contract to supply Narra wood panels to
Company A
1. The first-phase of examination

2. The second-phase of examination

After
Counsels After
Counsels
(Company B) cross- (Company
A)
reexamination
direct-examination

The cross, re-direct,

and
re-cross
examination
will
continue with Witness
B-1. At any time, the
Judge
may
ask
additional
questions
to the witnesses.

B. Trial on the second issue of whether or not the log ban is considered a
fortuitous event

a. First phase examination

When all the witnesses have

been examined on the first
issue, trial shall move on to the
second issue in the Order of
Trial.

b. Second phase examination

C. Trial on the third issue of whether Company B is liable for damages

to Company A
a. First phase examination

When all the witnesses have

been examined on the second
issue, trial shall move on to the
third issue in the Order of Trial.

b. Second phase examination

Just a minute, counsel, so Company A

used the Class 4 Narra delivered by
Company B?

CASE ILLUSTRATION FOR ALTERNATE TRIAL

A. Trial on the first issue

a. Presentation by Company A of its witnesses and evidence

b. Presentation by Company B of its witnesses and evidence

B. After the examination of the witnesses of the contending parties has

terminated, trial will proceed to the subsequent issues (Second,
Third) as appearing in the Order of Trial.