General Flow of Pre-Trial

CLERK / BAILIFF

All rise. The Honorable (full name of judge) presiding. Silence is hereby
enjoined.

COURT

(Judge hits the gavel. Everyone sits.)

Call the case.

CLERK

For pre-trial conference, Civil Case No. ____, (full name of plaintiff) versus
(full name of defendant).

COURT

Appearances.

COUNSELS

Good morning, Your Honor. Appearing for the plaintiff, I am ______.

Good morning, Your Honor. Appearing for the defense, I am ______.

COURT

Are the parties present? Where are they?

COUNSELS

Yes, Your Honor. They are here.

COURT

It appears that this case was previously referred to the Philippine Mediation
Unit (PMC) Unit of this Court for Court-Annexed Mediation. The mediator
has filed a report stating that effort to amicably settle failed.

The case has also been referred to JDR, but no settlement has been reached.

It also appears that there was a preliminary conference set before the Branch
Clerk of Court wherein minutes were taken. You have been furnished copies
of such minutes. Please inform the Court if you confirm the contents of these.

COUNSELS

We confirm, Your Honor.

COURT

Do you have anything to add to what was taken during the preliminary
conference?

COUNSELS

None, Your Honor.

COURT

We now proceed with the pre-trial proper.

MARKING OF EXHIBITS AND REQUEST FOR ADMISSION

COURT

Let’s begin with the marking of documents and requests for admission.

For the complainant.

PTF COUNSEL

Your Honor, we request for admission and marking the following documents.

(Counsel stands up and present each document to the adverse counsel for
comparison).

As our Exhibit A, Your Honor, the (name of document).

As our Exhibit B, Your Honor, the (name of document).

As our Exhibit C, Your Honor, the (name of document).

COURT

Counsel for the defendant, do you admit the existence and due execution of
all the documents mentioned and described by the plaintiff’s counsel?

DEF COUNSEL

Yes, Your Honor. All documents mentioned and described by the plaintiff’s
counsel are admitted as to existence and due execution, but not as to the
contents of Exhibits __ to __.

COURT

For your part, defendant.

DEF COUNSEL

Your Honor, we request for admission and marking the following documents.
 (Counsel stands up and present each document to the adverse counsel for
comparison).

As our Exhibit 1, Your Honor, the (name of document).

As our Exhibit 2, Your Honor, the (name of document).

As our Exhibit 3, Your Honor, the (name of document).

PTF COUNSEL

Your Honor, the complainant admits the existence and due execution of
Exhibits __ to __ for the defendant. However, we deny the contents of Exhibit
__ to __ for the defendant.

STIPULATION OF FACTS

COURT

Do the parties have additional facts for stipulation or admission?

PTF COUNSEL

For the complainant, Your Honor. We request that the defendant admit as to
(factual stipulation).

DEF COUNSEL

We admit, Your Honor. OR

We admit, Your Honor. However, we would like to qualify that…

COURT

Very well. That is stipulation number __.

PTF COUNSEL

For the complainant, Your Honor. We request that the defendant admit as to
(factual stipulation).

DEF COUNSEL

We deny, Your Honor.

COURT

So, this will be taken as a factual issue. Do the parties agree that this is an
issue to be resolved.
COUNSELS

Yes, Your Honor.

(Rinse and repeat.)

FACTUAL ISSUES

COURT

A factual issue raised is whether or not ____.

Complainant, what is your position on this issue, and the pieces of evidence
will you present to support such?

PTF COUNSEL

Your Honor, our position is ____.

In support of this position, we will present the following pieces of evidence:

____ (usually, testimony of witnesses).

COURT

Defendant?

DEF COUNSEL

Your Honor, our position is ____.

In support of this position, we will present the following pieces of evidence:

____.

LEGAL ISSUES

COURT

A legal issue raised is whether or not _____.

Are we agreed on this issue?

PTF COUNSEL

As far as the complainant is concerned, Your Honor, we admit it to be a legal

issue.

Our position is ___; the applicable law and jurisprudence being ___.
COURT

Defendant?

DEF COUNSEL

We admit (or deny) the legal issues, and the laws and jurisprudence
applicable cited by the complainant, Your Honor.

(If denied) Our position is ___; the applicable law and jurisprudence being
___.

WITNESSES

COURT

In support of your case, complainant, how many witnesses are you

presenting, who are they going to be, and how many days do you need to
present these?

PTF COUNSEL

Your Honor, we have (number) witnesses.

They are (names), (occupation/position, if relevant).

Hence, we will be needing (number) trial dates, Your Honor.

(Note: One-Day Examination Witness Rule. A witness has to be fully

examined in one day only. So, if you have 5 witnesses, say 5 trial dates.)

(Defendant does the same.)

LIMITING THE WITNESSES

COURT

Complainant, you have admitted stipulation number ___. Thus, the

testimony of (witness) is unnecessary following the Most Important Witness
Rule. Do you agree to dispense with such testimony?

PTF COUNSEL

We submit, Your Honor. OR

We do not submit, Your Honor. Their testimony is still necessary to prove

___.
COURT

Complainant, the testimony of (witness A) will merely corroborate the

testimony of (witness B). The Court will therefore apply the Most Important
Witness Rule to abbreviate the proceedings.

PTF COUNSEL

We submit, Your Honor. OR

With all due respect, Your Honor, we would like for the court to hear the
testimonies of both witnesses to clarify the factual issue on ____ because ____.

COURT

(Makes ruling.)

(Defendant does the same.)

TRIAL DATES

COURT

Trial will proceed as follows, on (date and time), the testimony of (witness)…

(Says protocol reminders).

Session is now adjourned

CLERK

All rise.

COURT

(Hits gavel.)

COUNSELS AND PARTIES

(Sign minutes of pre-trial conference).