Nature and Purpose
Pre-trial is a mandatory procedural step in civil actions. It serves as a device used prior to trial to narrow issues, secure stipulations, and take necessary steps to aid in the disposition of the case. The main objectives are to simplify, abbreviate, and expedite trial, or to fully dispose of the case. It aims to determine necessary issues and expedite their resolution.
Timing and Notice
Pre-trial is conducted after the last responsive pleading has been served and filed. The branch clerk issues the notice for pre-trial within five calendar days from the filing of the last responsive pleading, and the pre-trial is scheduled not later than sixty calendar days from that date. The notice of pre-trial includes notice for court-annexed mediation and judicial dispute resolution.
Appearance and Authority
The presence of parties and their counsel is required at the pre-trial conference. A party's appearance is mandatory. Counsel must also appear. A representative may appear on behalf of a party, but they must be fully authorized in writing to enter into an amicable settlement, submit to alternative modes of dispute resolution, and enter into stipulations and admissions of facts and documents. For a corporation, this typically requires a board resolution. Failure to appear without a valid cause may result in sanctions.
Pre-Trial Brief
The pre-trial brief is the equivalent of a responsive pleading for purposes of pre-trial. Failure of a party to file a pre-trial brief is considered equivalent to non-appearance at the pre-trial conference.
Matters Considered
During pre-trial, the court considers various matters, including:
- The possibility of an amicable settlement or submission to alternative dispute resolution.
- The simplification of issues.
- The necessity or desirability of amendments to the pleadings.
- The possibility of obtaining admissions of facts and documents to avoid unnecessary proof.
- The limitation of the number of witnesses and the setting of trial dates.
- The advisability of referring issues to a commissioner.
- The propriety of rendering judgment on the pleadings, summary judgment, or dismissing the action.
- Identifying and marking documentary evidence and comparing the originals with the copies.
- Reserving evidence not available at the pre-trial.
Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR)
Court-annexed mediation and judicial dispute resolution are mandatory stages after the pre-trial conference. The period for CAM and JDR is non-extendible and lasts for thirty calendar days. JDR must be conducted within fifteen calendar days from the notice. These processes are confidential. If JDR fails, the case proceeds to trial. However, certain types of cases are not referrable to CAM and JDR.
Pre-Trial Order
Within ten calendar days after the termination of the pre-trial conference, the court must issue a pre-trial order. This order controls the subsequent course of action in the case and is binding upon the parties. It includes an enumeration of admitted facts, minutes of the conference, legal and factual issues to be tried, and applicable law, rules, and jurisprudence. Issues delimited in the pre-trial order are binding.
Consequences of Failure to Appear or Comply
Failure of a party and counsel to appear at the pre-trial without a valid cause results in a waiver of any objections to the faithfulness of reproductions marked or their genuineness and due execution. If the plaintiff fails to appear without a valid cause, the complaint may be dismissed. If the defendant fails to appear without a valid cause, it constitutes a waiver of defenses, and the plaintiff may present evidence ex parte, after which the court may render judgment based on the evidence presented. Non-filing of a pre-trial brief is treated as non-appearance. Excuses for non-appearance include Acts of God, force majeure, or physical inability, provided they are substantiated. In cases under summary procedure, failure to appear at the preliminary conference has similar consequences: dismissal for the plaintiff and judgment by default for the defendant, with cross-claims and counterclaims dismissed.
Judgment After Pre-Trial
The court may render judgment after pre-trial if there are no genuine issues of material fact, based on the pleadings, summary judgment, or memoranda submitted. This possibility may be included in the pre-trial order.
Preliminary Conference on Appeal
Relatedly, a preliminary conference is also held at the appellate level (Court of Appeals). Its purpose is similar to pre-trial at the trial court: considering amicable settlement, simplifying issues, and organizing evidence. Non-appearance of the appellant at the preliminary conference may result in the dismissal of the appeal.