Preliminary Considerations

TRIAL BRIEF
Preliminary considerations.
A trial brief is a methodical abstract of the facts and law, as well as the issues
and evidence, involved in a litigation, drafted by the advocate for his personal
reference and convenience. It is not a paper intended to be submitted to the court.
Neither is it a document to which the opposing counsel has a right of access. It is
the advocate's general war plan, the strategic blue-print of everything necessary for
him to conquer his objective. It serves as the lawyer's general guide to an effective
and intelligent handling of his client's cause or defense. A good trial brief, so it has
been said, is one that has a perfect plan for the unplanned.
Importance of the trial brief
Stark realities confronting the lawyer in practice argue most strongly for the
preparation of a thorough trial brief. Unlike in other countries where lawyers
usually work on only two or three cases for trial at any one time, a Philippine
lawyer is generally overburdened with more cases than he could effectively handle.
The sheer weight then of his case-load deters him from giving each case sufficient
attention, the demands of each particular case being as compelling as those of the
rest. This results in serious deficiency in terms of preparation which is required of
a lawyer before he goes to the courtroom to try the case.
Similarly, the excitement engendered by a judicial trial never fails to evoke a

strong emotional response from the advocates involved, new and veterans alike.
And in the heat of this excitement, lawyers are apt to forget, albeit momentarily,
some of the facts and legal principles involved in the controversy. Even those facts
which constantly address themselves to the lawyer's memory sometimes remain
buried in the mind, forgotten and unused, until jarred loose by some timely
reminders.
Resultantly, good lawyers have since employed trial briefs as a device to

make their advocacy effective. A well-prepared trial brief, drafted as soon as the
last pleadings have been filed, furnishes the lawyer a ready abstract of the law and
the facts involved in the case, from the onset of the pre-trial proceedings up to the
time when he is to file his memorandum. By simply browsing on the trial brief, he
may at once identify the controverted issues and the evidence he is to present or
rebut, as the case may be, in support of his side of the controversy.. He can, at once
glance at the trial brief, cite the provision of law or the case-authorities apposite to
the issues, and thus be able to show the soundness of his position to the court with
ease and dispatch.
Additionally, to the young lawyer the trial brief accords him the opportunity
to equalize the courtroom experience of the opposing counsel. As a general
proposition, it may be stated that the more experienced lawyers have more cases to
try than the new advocate, so that he has to devote but scant attention to any
particular case. He may have no time to prepare a trial brief, and so has to commit
everything to his memory and thus trust in his experience to take care of the rest.
But then, human memory, is frail, so that in the heat of legal arguments, he is apt to
lose track of his mental preparation. On the other hand, the young lawyer,
conscious of his scarce experience in actual trial work and on which account, has
prepared a thorough trial brief, has working for him a fixed star, so to speak, from
which he can always take his bearing, no matter how many factors conspire to
throw him off course.
Contents of the Trial Brief
The contents of the trial brief may vary according to the nature of the case and the
idiosyncrasy of the lawyer. A good trial brief, however, should contain the
following:
1. A brief statement of facts.

2. Abstract of the pleadings.
3. A statement of the issues raised by the pleadings.
4. Facts that the plaintiff must prove.
5. Evidence to be presented by the plaintiff containing the factual statements,
witness by witness.
6. Facts which defendant must prove.
7. Evidence to be presented by the defendant containing as much as possible
factual statements, witness by witness.
8. Brief of law.
9. Exhibit File and Index.
10. Trial Record
1. A brief Statement of Facts.

The facts showing the nature of the action should be arranged in a
methodical, chronological and concise manner for one to have an easy grasp of
them.
2. Abstract of the Pleadings.

This is a brief analysis of the pleadings showing the admitted and
contradicted facts. This will serve as a guide to determine the issues involved.
3. Statement of the Issues.

This shows to the trial lawyer, at a glance the issues raised by the parties.
There is no need for him to go over the pleadings again with a fine-tooth comb for
issues.
4. Facts that the Plaintiff must prove.

The plaintiff should state systematically the facts that he must prove. The
facts on which the witness may probably be cross-examined should also be set
forth.
5. Evidence to be presented by the plaintiff containing the factual statements,

witness by witness.
The facts to be testified to by the witnesses may either be in narrative form,
by question and answer, or by outline.
The documentary evidence should be listed with their brief description.
The documentary and/or testimonial evidence should, however, be
enumerated under the facts to be proved.
6. Facts that defendant must prove.

List the probable facts that the defendant should prove judging from his
answer.
7. Evidence to be presented by the defendant.
Set forth the probable witnesses and their testimony and the documentary
evidence that defendant may present. As has been said, a brief description of the
documentary evidence should be stated.
8. Briefs of law.
State the law involved, and in controversial cases, the arguments for and
against its application.
The brief should also contain, separately, the favorable and unfavorable
authorities.
9. General list of exhibits.

It is indeed annoying to the court for a lawyer to stop during the examination
of witnesses because he will look for the evidence to be identified. The court finds
it also disgusting to suspend the trial before the lawyer rests his, case because he
has still to check his evidence. These can all be avoided by having beforehand a
complete list of exhibits which can be checked and given their exhibit number
during the progress of the trial.
10. Trial Record.

This is a record of all the incidents that transpired in court like the date of
trial and other incidents.
Outline of a Trial Brief
Below is an outline of a trial brief. It may be modified to suit one's peculiarity and
the nature of the case.
TRIAL BRIEF FORM:
REPUBLIC OF THE PHILIPPINES

RTC/MTC
BRANCH NO.____
____________________ CASE NO. _____

Plaintiff,
-versus-
____________________
Defendant..
X----------------------------x
TRIAL BRIEF
I. BRIEF STATEMENT OF THE CASE.

II. PLEADINGS
A. COMPLAINT -
1. Jurisdictional Facts
2. Causes of Action
3. Prayer
B. ANSWER
1. Admission and Denial
2. Counterclaim, cross claim or third-party complaint
3. Prayer
C. COUNTERCLAIM
D CROSS CLAIM
E. THIRD PARTY COMPLAINT
III MAIN ISSUES

A. LEGAL
1.
2.
3.
B. FACTUAL
1.
2.
3.
IV. CONTROVERSIAL FACTS TO BE ESTABLISHED

1.
2.
3.
V. EVIDENCE
A. Fact No. 1
1. Documentary
2. Oral
B. Fact No. 2
1. Documentary
2. Oral
VI. EVIDENCE, ORDER OF PRESENTATION

A. STIPULATION OF FACTS
B. WITNESSES
C. LIST OF EXHIBITS
VII. PROBABLE EVIDENCE OF ADVERSE PARTY

VIII. LAWAND JURISPRUDENCE
IX. TRIAL RECORD
Source: TRIAL PRACTICE IN PHILIPPINE COURTS by Manuel R. Pamaran

Publisher: Central Lawbook Publishing Company

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TRIAL BRIEF

Importance of the trial brief

Similarly, the excitement engendered by a judicial trial never fails to evoke a

Resultantly, good lawyers have since employed trial briefs as a device to

Contents of the Trial Brief

1. A brief statement of facts.

1. A brief Statement of Facts.

2. Abstract of the Pleadings.

3. Statement of the Issues.

4. Facts that the Plaintiff must prove.

5. Evidence to be presented by the plaintiff containing the factual statements,

6. Facts that defendant must prove.

9. General list of exhibits.

10. Trial Record.

Outline of a Trial Brief

TRIAL BRIEF FORM:

REPUBLIC OF THE PHILIPPINES

____________________ CASE NO. _____

I. BRIEF STATEMENT OF THE CASE.

III MAIN ISSUES

IV. CONTROVERSIAL FACTS TO BE ESTABLISHED

VI. EVIDENCE, ORDER OF PRESENTATION

VII. PROBABLE EVIDENCE OF ADVERSE PARTY

Source: TRIAL PRACTICE IN PHILIPPINE COURTS by Manuel R. Pamaran

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________________ CASE NO. _