COUNSELS/PARTIES- Reminders for FTF Trial

REMINDERS FOR FACE-TO-FACE TRIAL

2. COUNSELS/PARTIES

2.1. Only one person at a time can speak (“One Mouth Rule”).1
2.2. All persons should observe courtesy.
2.3. A counsel/party who is allowed to speak should always state his/her name,
e.g. Atty. Santos, Mr. Reyes, etc., before speaking so the stenographer will
accurately identify the person speaking.
2.4. Only a counsel/party who has been recognized and allowed by the Judge
can speak.2
2.5. Counsel may take exception to the questions asked by the Judge during his
examination of the witness. However, counsel must wait after the Judge has
finished his/her question. Counsel must raise his hand and be recognized
by the Judge before taking exception. Counsel’s exception shall simply
state the legal grounds for the exception with no further explanation unless
the Judge will order him/her otherwise:3
a. If the exception is to form—the Judge may take note or the
rephrase the question and/or strike out the answer;
b. If the exception is to substance—the Judge shall promptly rule
on such exception and/or strike out answers already given;
c. If the exception is to admissibility—the Judge may simply take
note of the exceptions and consider the same when deciding
the case.4
* Remind Lawyers: Judge knows how to apply the Rules on
admissibility and giving due weight to the evidence. It is enough to
point out the objection and the Judge will know how to appreciate
the evidence/statement.
2.6. Counsel may object to questions and/or move to strike out answers given
during the opposing counsel’s examination of the witness:
a. If the objection is to form—the Judge may take note or order
counsel to rephrase the question and/or strike out the answer;
b. If objection is to substance—the Judge shall promptly rule on
such objection and/or strike out answers already given;
c. If the objection is to admissibility—the Judge may simply take
note of the exceptions and consider the same when deciding
the case.5
* Remind Lawyers: Judge knows how to apply the Rules on
admissibility and giving due weight to the evidence. It is enough to
point out the objection and the Judge will know how to appreciate
the evidence/statement
2.7. The other counsel will be given the time to reply to the objection.
2.8. A party, counsel or witness may still elaborate on his or her testimony
during cross-examination and re-direct examination.
2.9. To the extent possible, legal arguments/issues should be limited and
reserved for the memorandum because the hearing/proceeding is primarily
for factual determination not a venue for a debate on legal arguments.
2.10. The failure of counsel to appear at the pre-agreed face-to-face trial without
obtaining prior postponement shall be considered a waiver of appearance
and trial shall proceed without such counsel. The absent counsel’s witness,
if present, shall be regarded as witnesses procured by the court concerning
the case and shall be examined in the usual course.6
1 Sec. 24.6(c).
2 Sec. 24.6(c)
3 Sec. 24.8.
4 Sec. 24.8 (a)(b)(c).
5 Sec. 24.9 (a)(b)(c).
6 Sec. 24.15 (a).