the parties litigant and their respective counsels, called by the court after the joinder of issue or after the last pleading has been filed and before trial, for the purpose of settling the litigation expeditiously or simplifying the issues without sacrificing the necessary demands of justice. NATURE AND PURPOSE: Rule 18, Sec. 2 (ASAONPSSO) Possibility of an Amicable settlement or of a submission to an alternative mode of dispute resolution; Simplification of issues; Necessity/desirability of Amendments to the pleadings; Possibility of Obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof; Limitation of Number of witnesses; Advisability of a Preliminary reference to a commissioner; Propriety of rendering judgment on the pleadings, or Summary judgment, or of dismissing the action should a valid ground therefor be found to exist’ Advisability/necessity of Suspending the proceedings; and Other matters that may aid in the prompt disposition of the action. WHEN CONDUCTED? Rule 18,Sec.1 After the Last Pleading(may be plaintiff’s reply) has been filed and served, upon motion ex parte by the plaintiff. NOTICE OF PRE-TRIAL TO WHOM SHALL BE SERVED? (Rule 18, Sec. 3) On counsel or on the party who has no counsel. Counsel has a duty to notify the party he represents
Rule 18, Sec. 4:
GNR: It shall be the duty of the parties and their counsel to appear at the pre-trial. EXPN: A Valid Cause is shown or a Representative appears in his behalf, fully authorized in writing: To enter into an amicable settlement; To submit to an alternative modes of dispute resolution; and To enter into stipulations/admissions of facts and of documents.
FAILURE TO APPEAR AT THE PRE-TRIAL (R18,s5)
Who fails to Effect appear Plaintiff Cause for dismissal of the action which will be with prejudice, unless otherwise ordered by the court. Defendant Cause to allow plaintiff to present evidence ex parte, and court to render judgment on the basis thereof. RULE 9, Sec. 3 Vs. RULE 18, Sec. 5 Default by defendant As in default (failure to appear by the plaintiff) Rule 18, Sec. 5 Rule 9, Sec. 3 Upon motion and notice Not required to defendant Requires proof of failure Not required to answer Court to render Court to allow plaintiff judgment, unless it to present evidence ex requires submission of parte, then the court evidence shall render judgment Relief awarded must be Relief awarded may be the same in nature and of different nature and amount as prayed for in amount from the relief the complaint prayed for. PRE-TRIAL BRIEF’S CONTENTS(R18,Sc.6) Statement of their willingness to enter into amicable settlement or ADR, indicating the desired terms thereof; Summary of admitted facts and proposed stipulation of facts; Issues to be tried/resolved; Documents/exhibits to be presented, stating the purpose thereof; Manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners; Number and names of the witnesses, and the substance of their respective testimonies. NOTE: Parties shall file and serve their respective pre-trial briefs, ensuring receipt by adverse party at least 3 DAYS before the date of the pre-trial. NOTE: Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. NOTE: Pre-trial proceedings shall be recorded. Upon termination of the same, court shall issue pre-trial order which shall recite in details the matters taken up in the conference; action taken thereon; amendments allowed on the pleadings; agreements/admissions made by the parties as to any matters considered; should the action proceed to trial, the explicit definition and limit of the issues to be tried. Contents of the order shall control the subsequent course of the action, unless modified before trial to prevent manifest injustice. REQUISITES FOR INTERVENTION(R19,Sc.2) By a motion to intervene, With the pleading-in-intervention attached, Must serve copy of the pleading-in- intervention for the original parties. GNR: Allowance of intervention is discretionary with the court. EXPN: When the intervenor is an INDISPENSABLE PARTY.