Rule 18

Pre-Trial
Section 1. When conducted

After the last pleading has been served and filed

It is the duty of the plaintiff to promptly move ex parte that the case be set
for pre-trial
If he does not do so, it is the duty of the clerk to issue a notice of pretrial

Note:
All levels of courts can conduct pre-trial
Pre-trial and trial on the merits of the case must be held on separate days.
The pre-trial may be properly scheduled even if the plaintiff has not yet filed
his answer to the compulsory counterclaim of the defendant.
o Why?
An answer is not required for a compulsory counterclaim.
Process: When issues have been joined (may answer na):
If failed

PMC

If

Decision will
be based on
CA

If failed

JDR

Pretrial

If

Decision will
be based on
CA

Section 2. Nature and purpose

Parties can both agree

in writing that the JDR
judge will be the Pretrial Judge.

This is when the court considers:

1.
2.
3.
4.
5.

6.
7.
8.
9.

The possibility of an amicable settlement or submission to ADR;

The simplification of the issues;
The necessity or desirability of amendments to the pleadings;
The possibility of obtaining stipulations of facts and documents to avoid
unnecessary proof;
The limitation of the number of witnesses;
Witnesses are limited based on your judicial affidavit.
When you want to add a witness after you have already passed your
JA, it will be considered late.
The advisability of a preliminary reference of issues to a commissioner;
Propriety of rendering judgment on the pleadings, or summary judgment, or
dismissing the action should a valid ground therefor be found to exist;
Dismissal should be on motion, however.
The advisability or necessity of suspending the proceedings; and
Such other matters as ma aid in the prompt disposition of the action

Note: Purpose of pre-trial is to:

1. Viability of an amicable settlement
2. Expedite proceedings
In ejectment cases, there is no pre-trial but a preliminary conference only.
Pre-trial rules apply suppletorily only.

Section 3. Notice of Pre-trial

Notice is served:
1. On the counsel,
2. If no counsel, on the party

 It is incumbent on the lawyer to advise his client about a scheduled pre-trial, and
the formers failure to do so constitutes negligence which binds the latter. (Diaz v
CA, 2006)
There are two dates in the notice:
1. Date of preliminary conference
2. Date of pre-trial itself
Section 4. Appearance of parties
Who goes to the pre-trial?
1. The counsels; and
2. Preferably , the parties themselves.
A representative can go but he needs a written SPA authorizing him plus
valid reasons why the party is absent for him to:
Enter into an amicable settlement;
Submit to alternative modes of dispute resolution; or
Enter into stipulations or admissions of facts and documents

If a party is a corporation:
Authority to appear in the corporations behalf should be made with an
appropriate resolution of its board of directors.
Note:
If nobody appeared at the pre-trial except the counsel for the plaintiff but had no
special authority to represent him, the plaintiff may properly be declared nonsuited. The case will be dismissed w/out motion by the defendant.
The trial court has the discretion to declare a part non-suited. This has the same
effect of adjudication on the merits.

Section 5. Effect of failure to appear

What of the plaintiff fails to appear?
The case is dismissed WITH prejudice, unless otherwise ordered by the court.
What if it is the defendant who fails to appear?
The plaintiff is allowed to present evidence ex parte.
The defendant is not in default.
Why?
We are already in pre-trial. Being in pre-trial means that there is
an answer already filed.
His remedy is to file an MR WITHOUT need for affidavit of merits regarding
the grounds of FAME.
If MR is denied with grave abuse of discretion, the remedy is a petition for
certiorari since such order of default (failure to attend pre-trial) is
interlocutory.
The remedy of a party who is declared to be non-suited is to appeal, the
same being a final order.

Note:

Where a pre-trial has been held, and an amended complaint was filed with
leave of court, this does not necessitate to conduct a second pre-trial.
If no notice of pre-trial, and the parties were not able to appear, the dismissal
of the case is improper as it violates due process.
Just make sure there is a valid notice and the service of pre-trial so that
the order of dismissal is valid!

Section 6. Pre-trial brief

Filed 3 days before the date of pre-trial.

What should it contain?

1. A statement of their willingness to enter into amicable settlement or
alternative modes of dispute resolution, indicating the desired terms thereof;
2. A summary of admitted facts and proposed stipulation of facts;
3. The issues to be tried or resolved;
4. The documents or exhibits to be presented, stating the purpose thereof;
5. A manifestation of their having availed or their intention to avail themselves
of discovery procedures or referral to commissioners; and
6. The number and names of the witnesses, and the substance of their
respective testimonies.
What is the effect of failure to file the pre-trial brief?

Same as failure to appear at pre-trial.

Section 7. Record of Pre-trial

The amendment of a pre-trial order is subject to the sound discretion of the

court.
The judge issues it within 10 days after the end of pre-trial.

The pre-trial order is the bible of the trial. It:

Binds the parties
Limits the trial to matters not disposed of
Controls the course of action during trial
JDR Judicial Dispute Resolution
Who is a JDR judge?
He is the one who acts as a mediator, conciliator, and independent evaluator
in the stage between the filing of the complaint and before pre-trial.
Unless the parties consent to continue with the JDR judge, it is mandatory
that there will be a new raffle and the new judge who will hear, try, and
decide the case is the trial judge.