PRE-TRIAL is conducted after the

last pleading has been served

and filed, it shall be the duty of
the plaintiff to promptly move
ex-parte that case to be set for
pre-trial
PRE TRIAL IS MANDATORY
- It brings the parties together
thus
making
an
amicable
settlement or doing away with
at least the non essential of a
case from the beginning.
THE COURT MUST SET THE
CASE FOR PRE-TRIAL and
MUST SEPERATELY NOTIFY
THE PARTIES AS WELL AS
THEIR
COUNSELS
TO
APPEAR THEREAT
- It shall be the duty of the
plaintiff to move ex parte that
the case be set for pre-trial after
the last pleading .
Circular No. 3-99, the motion
must must be filed within 5 days
after the last pleading JOINING
ISSUES has been filed and
served.
Circular
A.M
03-1-09
Guidelines To be Observed by
the Trial Court Judges and Clerk
of Court in the conduct of Pre
Trial
Within 5
date of
filing
the plaintiff
move ex parte
be set for pre-

days from the

of the reply ,
must promptly
that the case
trial

If the plaintiff fails to file

the said motion within the
given
period the Branch
Clerk of
Court shall issue a
notice of
pre-trial.
There are separate rules on
Pre Trial in particular cases
1. Interim Rules of Procedure
Governing Intra-Corporate
CONTROVERSIES
2. Declaration
Nullity of Void
Marriages.

of Absolute
and Voidable

3. Legal Seperatiomj
Notice of Pre- TRIAL must be
sent to the COUNSEL.
Second
Pre
Trial
Unecessary when:

is

1. When there is no possibility of

an amicable settlement. Even if
the amended complaint is filed,
where no additional causes of
action was alleged and the
amount of prayer for damages
in the original complaint was the
same.
2. Once a party attends a pretrial and manifests its opposition
to settling the case amicably
said party may no longer be
compelled to attend a second
pre-trial conference. Failure of
the parties to attend does not
involve non-suit or default.
New Guidelines

Judge
should
not
allow
termination of pre-trial simply
because of the manifestation of
the parties that they cannot
settle the case . He should
expose the parties to the
advantages of pre-trial
3. Only legal question involved.
EXCEPTION:
The
partiers
voluntarily agreed that the case
be set for pre-trial again and the
court yielded to agreement.
Effect of Failure to Calendar
for Pre-Trial
1. Pre-trial calendar should be
separate from trial calendar
2. Unless there is a showing that
substantial prejudice cause to a
party, the trial courts in
advertent failure to calander the
case for a pre- trial
or a
preliminary conference cannot
render the proceeding illegal or
void ab initio.

Sec 3 Notice of Pre Trial

Sending
of
MANDATORY

4. Where pleading tendered

genuine issues resolvable only
in trial on the merits but instead
of setting the case for pre-trial
the
court
granted
plaintiff
motion for summary judgment
or judgment on the pleadings To
BE CONTINUED.

is

Reasonable Notice
1. Sufficieny of written notice of
pre- trial is irrelevant where the
evidence shows that the counsel
and the parties actually knew of
pre-trial
2. Absence of notice of pre-trial
is justified where after the
proper notice for first two pre
trials, defendants filed third
party complain which he
completely abandoned.
3.

Appearance of Parties
1. Both client and Counsel must
Appear is MANDATORY
-

3. A partys failure to object to

the absence of a pre-trial is
deemed a waiver of his right
thereto.

notice

Failure of Client to appear

is a ground for dismissal
Their failure to make an
appearance without
justification in the pre-trial
is not a ground for new
trial.

2. Purpose is to achieve a
compromise
3. SPA must comply with Rule
18 Sec

Effect of Failure to Appear

1. Failure on the part of the
defendant to appear shall be
the cause to allow the plaintiff
to present his evidence ex parte
and
the
court
to
render
judgment on the basis thereof.
2. Effect of non appearance by
the plaintiff = Declare him non
suited

A) Motion to set aside for non

suit = Motion to set aside the
order of non suit
B)
Pre- Trial Brief
Effect of Failure to File PreTrial Brief
= Same effect as if failure to
appear at the pre- trial

REMEDIES