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PRE-TRIAL PROPER

COMPLAINT
plus payment of 15 ANSWER 10 REPLY PRETRIAL
docket fees INITIAL PRE-TRIAL

*Joinder of Causes *can use negative Practice: include the 1. Preliminary 2. Referral to PMC
of Action(S5R2) or affirmative Motion to set case Conference
*Misjoinder of defense (s5R6) for Pre-Trial - marking of exhibits
Causes of *counterclaim (together with the -Listing of witnesses
Action(S6R2) SERVICE OF *cross-claim Notice of Hearing *minutes of the
*Permissive SUMMONS *third-party/ 4th sent to COC) PRECON shall be
Joinder of party complaint signed by the
Parties(S6R3) counsels
*Venue(R4)
*Deposition taking
(S3R24) Success Failure No Mediation
1.Motion for 1. Motion for
Bill of Dismissal
Particulars 2. Deposition
RETURN TO COURT
2. Motion to taking
Dismiss (S1R23)
3. Notice of 3. Written
Dismissal Interrogatorie Without CA Causes:
s (S1R25) 1. Treated as failure 1. not
Approval of Disapprove (refer to JDR) mediatable
CA CA 2.Reason – failure to 2. parties
-Judgment 1.unclear appear did not
on the 2.disadvanta Plaintiff – dismissal appear
Compromise geous to Defendant – ex parte 3. parties
Agreement one party presentation of evidence who
3. contrary 3. Reason – refusal to participated
to law, mediate (refer to JDR) do not have
public policy 4. Other causes (refer proper
Clarificatory Hearing back to PMC) authority

Failure Success
-refer to -refer back
JDR (the to PMC for
judge shall CA
become the
Figure No. 1 mediator)
GRANT =
MOTION FOR NEW TRIAL SET ASIDE
Grounds: JUDGMENT
TRIAL JUDGMENT 15 1. Fraud, Accident, Mistake or
Excusable Negligence – impaired the
(Trial de
Novo)
rights
2. Newly discovered evidence(R37S1)
DENY
Requisites: Remedy:
1. in writing 2nd Motion for
2. prepared/ signed by the NT or….
judge
3. facts + law/ jurisprudence GRANT = new
4. filed with the Clerk of Court decision
MOTION FOR RECONSIDERATION
Grounds:
The Court may require a

after judgment has been entered


judgment and not more than 6 months
60 days from knowledge of the
1. damages awarded are excessive AMEND If opposing party is
Memorandum stating the
Relief from 2. insufficient evidence - if excessive not “happy”
ff:
Judgment 3. decision is contrary to law (R37S1) damages or 1. MR
1. Claims
Who can file? contrary to law 2. Appeal
2.Defenses
Anybody who or jurisprudence
3. Documentary Evidence
4. Testimonial evidence is supposed to
5. Law be the plaintiff DENY
or defendant
Ground:
(FAME)
1. Did not
take part but APPEAL
was affected
2. Prevented
from
appealing
1. Settlement through PMC or JDR
2. Judgment on the Pleadings (R34)
3. Summary Judgment (R35)

Figure No. 2

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