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PRE- TRIAL

BRIEF
GROUP 12 / CLAIRE L. BELTRAN
WHEN MUST THE PRE-TRIAL BRIEF BE
FILED
▸ A pre-trial brief must be filed at least three (3) days before
the pre-trial.

▸ Meaning that, at least three (3) days before the pre-trial, the
pre-trial brief must have already been filed and served on the
adverse party.
WHAT SHOULD BE CONTAINED IN THE
PRE-TRIAL BRIEF?
▸ The pre-trial brief shall contain the following matters:
▸ 1. A statement of their willingness to enter into an amicable settlement or
alternative modes of dispute resolution, indicating the desired terms thereof;
▸ 2. A summary of admitted facts and proposed stipulation of facts;
▸ 3. The issues to be tried or resolved;
▸ 4. The documents or exhibits to be presented, stating the purposes thereof;
▸ 5. A manifestation of their having availed of or their intention to avail of the
discovery procedures or referral to commissioners; and
▸ 6. The number and names of the witnesses, and the substance of their
respective testimonies
WHAT IS THE EFFECT OF FAILURE TO
FILE A PRE-TRIAL BRIEF?
▸ The failure to file the pre-trial brief shall have the same effect
as failure to appear at the pre-trial (Sec. 6, Rule 18, Rules of
Court).

▸ Hence, if it is the plaintiff who fails to file a pre-trial brief, his


complaint may be dismissed. If it is the defendant who fails
to do so, such failure shall be a cause to allow the plaintiff to
present his evidence ex parte.

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