MINUTES OF PREPARATORY AND TRIAL HEARINGS

ORDINARY LABOR

1.- GREETINGS

Good morning, in Cañete, at ............ of the day ........... the preparatory hearing in case
RIT.............. begins. .

This hearing is being conducted by ................ Subrogating Judge of the Labor Court of
Cañete.

2.-INDIVIDUALIZATIONOF THE PARTIES AND PRELIMINARY QUESTIONS:

 For the record, the following are present..... (the plaintiff assisted by its attorney-in-fact and
the defendant is not present)
 The parties are requested to identify themselves for audio recording purposes:
A )Complainant, (name, address, domicile, activity)
B) Your lawyer...
C) Respondent (name, address, domicile, activity)
D) Your attorney
 Verify sponsorship and power of attorney.
 Resolve pending writings. Transfer to the parties and decide.
 If there are resolutions issued today, their content is made known to the parties.

3. AGREEMENT:

- The court has learned that the parties have reportedly reached an agreement in the
courtroom. The plaintiff is given the floor.
- Transferred.
- The parties are consulted
- It is established that the termination of the labor relationship is by mutual agreement of the
parties.
- The terms of the agreement are established by resolution, it is deemed approved in all that
is not contrary to law. It is hereby stated for the record that the cause for termination of the
labor relationship is mutual agreement. It is recorded as having the value of a judgment.

4.- RELATIONSHIP:

- The judge summarizes the claim and answer with counterclaim, if any. (Respondent must
answer with 5 days notice to the A.P. art. 452)

5. IF THE CLAIM IS NOT CONTESTED:

- "Since the defendant has not answered the claim, it is declared that there are no
substantial, pertinent and disputed facts, and therefore the parties will be directly
summoned to hear the judgment. (In the judgment to have the facts tacitly admitted).

6- RATIFICATION OF CLAIM AND ANSWER. The parties are consulted.

It is deemed ratified

7.-TRANSFER OF COUNTERCLAIM AND EXCEPTIONS ART. 453.

-Judge's options:

a) if there are exceptions of incompetence, lack of capacity, ineptitude libel, expiration,

prescription, procedural claim: resolve immediately if the background information is available in
the process or if they are public and notorious facts. (only the resolution that accepts them can be
appealed).

b) if there are exceptions of incompetence, lack of capacity, ineptitude of the libel, expiration,
statute of limitations, procedural claim: suspend the hearing if there is no background information
in the process or if they are not public and notorious facts.
c) If it is necessary to correct defects, a period of 5 days is granted, under penalty of art. 453.

d) other exceptions or lack of background: to rule on them in finality

8- PARTIAL ACCEPTANCE OF THE CLAIM

-If there is partial acceptance in the answer. Resolve the points on which there is conformity (value
of interlocutory judgment).

9. CALL FOR CONCILIATION. (If there was a reply)

 it is noted that the parties were called to conciliation, which did not take place.
 If there is no answer: the call for conciliation is considered frustrated.
 If there is a partial conciliation, record it in the respective minutes with the signature of the
attendees.

10.-TESTED FACTS:

Undisputed: discuss with the parties and fix them

Points of unjustified dismissal:

Existence of an employment relationship that binds the parties

Nature of services rendered

Facts that disprove the existence of an employment relationship

Date of commencement and termination of the employment relationship

Amount of the agreed monthly compensation and compensation in effect at the date of termination
of the employment relationship

Working day agreed between the parties

The plaintiff was dismissed on the date and in the manner indicated in his presentation. Facts that
constitute unjustified dismissal.

Effectiveness of the defendant's owing the benefits indicated in the complaint. If applicable, the
amount thereof.

Statement of payment of social security contributions at the date of termination of the employment
relationship

Holiday pay status at the date of termination of the employment relationship

Facts constituting the exception of extinctive prescription invoked by the defendant

11-MEANS OF PROOF:
-admissibility test: they must have a direct bearing on the matter and be necessary for its resolution.

a) Are inadmissible: Those obtained by unlawful means or in violation of constitutional rights.

b) are admissible: relevant (direct relationship), necessary (useful) and lawful.

1°) PARTY DEFENDANT (only when it is due to dismissal):

Documentary: (to exhibit it to the opposing party because art. 446 states that in A.P. are
"presented")

 Resolution: As requested and considered as offered.

Absolution of positions:

 Resolution: Don_________ is summoned to absolve positions, who is notified in the act of

this obligation, under the legal warning of article 454 N° 3 of the CT.

Testimonial:

 Resolution: As requested, being the responsibility of the applicant to make them appear at
the hearing.
Only up to 4 witnesses may appear.

4. Expert:

You must arrive 3 days before the trial hearing.

With agreement of the parties to exempt the expert from attending the hearing

Crafts: only those that are indispensable, with objective, pertinent and specific information. Give a
deadline to evacuate it no later than 3 days before A.J.

2°) PLAINTIFF:

12) OTHER MATTERS OR INCIDENTS:(They areadded in this part, regardless of the time of
the hearing in which the discussion takes place):

- Precautionary measures: They are added, as appropriate.

- Excluded test: (only state)

The parties are summoned to a trial hearing to be held on _____ at _____ hours, (no later
than 30 days according to the law). It is stated for the record that the time limit is longer than that
established by Article 453, No. 6, because the court's agenda does not allow it.

The parties are personally notified of the date set above and of everything resolved in this
hearing.

Send a copy of the minutes to the e-mail addresses.

 The present minutes serve as a sufficient and attentive transmittal letter for said institutions
and their personal processing is authorized.

The hearing is closed, and those present are notified of the resolution.

TRIAL HEARING

1.- GREETINGS

Good morning, in Cañete, at ............ of the day ........... the preparatory hearing in case
RIT.............. begins. .

This hearing is being conducted by ................ Subrogating Judge of the Labor Court of
Cañete.

2.-INDIVIDUALIZATIONOF THE PARTIES AND PRELIMINARY QUESTIONS:

 For the record, the following are present..... (the plaintiff assisted by its attorney-in-fact and
the defendant is not present)
 The parties are requested to identify themselves for audio recording purposes:
A ) Plaintiff, (name, address, domicile, activity).
B) Your lawyer...
C) Respondent (name, address, domicile, activity).
D) Your attorney
 Verify sponsorship and power of attorney.
 Resolve pending writings. Transfer to the parties and decide.
 If there are resolutions issued today, their content is made known to the parties.

3.- PRESENTATION OF THE EVIDENCE:

-The plaintiff is a party unless it is a dismissal suit in which the defendant is a party.

-Order of proof: documentary, confessional, testimonial, others.

-documents may be challenged.

-Analysis:

a) Documentary:

- can be challenged by the opposing party (if it is for judgments reject challenge because its
incorporation is only for illustrative purposes)

b) Confessional.

-The agent empowered to do so may testify.

-There is no sheet.

-The questions must be: pertinent, clear and precise, they can be asked by the court.

- The lawyer is given the floor. The deponent is then called. It is individualized. The floor is given
to the person who requested the test. Oath????

c) Witnesses:

-Up to 4 per part. The judge can even reduce them for being useless reiteration on clarified facts.

-To take an oath or promise. To inform him of the sanction of art. 209 of the Penal Code.

-Tribunal may ask questions and seek clarification.

-Do not ask questions: assertive, that contain elements of judgment that determine the answer; that
refer to matters outside the trial. (the court qualifies it without further procedure).

d) Office:
e) Expert evidence.

- Must arrive 3 days prior to trial

- only proceeds by information: objective, relevant and specific.

4) OBSERVATIONS ON THE TEST.

The judge may request clarification of specific points.

5) INCIDENTS

- if a hindrance occurs because the confessor does not arrive, it is resolved immediately. (N° 10 art
454.

6) SETS DATE FOR READING OF JUDGMENT

- the parties are summoned to a reading hearing within 15 business days.

- the parties are deemed to have been notified of the judgment whether or not they attend the
reading hearing.