Tuesday, July 8, 2008

Contents of a Pre-trial Brief

Pursuant to Rule 18 Sec. 6 of The Rules of Civil Procedure and A.M. No. 03-1-09-SC on "Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures," Pre-Trial Brief must be submitted at least three (3) days before the pre-trial and must contain the following:

1) A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof or to submit the case to any of the alternative modes of dispute resolution;

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. (No evidence shall be allowed to be presented and offered during the trial in support of a party's evidence-in-chief other than those that had been earlier identified and pre-marked during the pre-trial, except if allowed by the court for good cause shown);

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, the substance of their testimonies, and the approximate number of hours that will be required by the parties for the presentation of their respective witnesses.

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