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Pre Trial

The document summarizes rules and procedures related to supplemental pleadings, intervention, pre-trial, judicial dispute resolution, and the effects of party absence at hearings. Key points include: - A new defendant can be included in a supplemental complaint with court approval. Intervention is ancillary to the main action and dismissal of the main action affects any interventions. - It is the plaintiff's responsibility to file a motion to set a pre-trial date once issues are joined. If they fail to do so, the court may issue a show cause order and potentially dismiss the case with prejudice. - Parties, not just counsel, must be present at pre-trial. Absence of the plaintiff results in complaint

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Eric Karl Nicholas Aguilar
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68 views2 pages

Pre Trial

The document summarizes rules and procedures related to supplemental pleadings, intervention, pre-trial, judicial dispute resolution, and the effects of party absence at hearings. Key points include: - A new defendant can be included in a supplemental complaint with court approval. Intervention is ancillary to the main action and dismissal of the main action affects any interventions. - It is the plaintiff's responsibility to file a motion to set a pre-trial date once issues are joined. If they fail to do so, the court may issue a show cause order and potentially dismiss the case with prejudice. - Parties, not just counsel, must be present at pre-trial. Absence of the plaintiff results in complaint

Uploaded by

Eric Karl Nicholas Aguilar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Supplemental Pleadings EXECUTION OF THE COMPROMISE AGREEMENT

May a new defendant be included in the supplemental - Whatever is in the compromise agreement must be
complaint? Yes included in the dispositive portion.
- Judgment based on a compromise agreement, the
Intervention
judgment is final and executory on the day the
With leave of court judgment is issued.

Ancillary in nature. The dismissal of the main action affects JUDICIAL DISPUTE RESOLUTION
the intervention.
Early Neutral Evaluation
Pre-Trial (RULE 18)
- To force a settlement.
As soon as the issues are joined, it is the responsibility
Re-raffle of cases in case of failure of JDR
of the plaintiff to file a motion to set case for pre-trial.
Filing to JDR- JDR Judge
- It is up to the court to agree to the date
Pre-trial to decision- Pre-Trial Judge
What if the Plaintiff does not move?
JDR is not jurisdictional
- The court will issue a show-cause order for Plaintiff
to explain why the case will not be dismissed for Single Sala Courts- MTC judge does JDR of RTC cases,
failure to prosecute. RTC judge does MTC cases
- If dismissed, the dismissal shall be with prejudice
XPN: if parties agree in writing that the judge will
unless otherwise decided.
continue in the hearing, then hearing will proceed
The court shall issue a NOTICE OF PRE-TRIAL to the
EFFECT OF ABSENCE OF PLAINTIFF
counsels, and a SUBPOENA to the parties. (The presence
of the parties is more important than counsels) - Complaint is dismissed, defendant is allowed to
present evidence on his counter-claim
PRE-TRIAL BRIEF
ABSENCE OF DEFENDANT
MANDATORY
- Presentation of evidence is allowed ex parte,
On the day of the pre-trial, the court will not conduct pre-
counterclaim of defendant is dismissed.
trial, but the case will be referred to COURT ANNEXED
MEDIATION AND THEN JUDICIAL DISPUTE EFFECT OF ABSENCE OF THE PLAINTIFF, BUT
RESOLUTION. LAWYER IS PRESENT
MEDIATION- The SC will accredit mediators for 3 years.
- Dismissal of the complaint, presence of parties
mandatory.
- Can the plaintiff authorize a person to appear on
behalf of the plaintiff? YES as long as there is an
SPA.
- SPA must contain: authorization to enter, and
authorization to do what Rule 18 provides.

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