MANUAL FOR LAWYERS AND PARTIES
Rules 22 and 24
Revised Rules of Civil Procedure
(Pursuant to A.M. 14-03-02-SC, March 8, 2014)

RULE 22: PRELIMINARY CONFERENCE

I. BEFORE THE PRELIMINARY CONFERENCE

A. Pleadings, motions and modes of discovery 1. Ensure that you have filed all the necessary pleadings in support of your cause of action. 2. Avail of the various modes of discovery under Rules 27 to 31 of the Revised Rules of Civil Procedure [Section 22.3]. 3. When discovery procedures are availed of, submit material portions of the discovery proceedings, previously undisclosed documents or facts, and judicial affidavits pertaining to the fruits of the discovery within sixty (60) days from the start of the discovery process [Section 22.3].

B. Judicial Dispute Resolution (“JDR”) 4. Exert efforts to settle the dispute amicably [Section 22.1(a)]. 5. If there is failure of JDR, discuss with the other party or counsel whether you intend the JDR judge to retain the case and preside over further proceedings [Section 22.2]. 6. File a joint written motion or manifestation requesting the court to retain the case, if mutually agreed upon by the parties [Section 22.2].

C. Judicial Affidavits 7. Request for the issuance of a subpoena ad testificandum or duces tecum if your intended witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or provide the relevant documentary and/or object evidence [Section 22.2(d)]. 8. If the court issues a subpoena as requested, personally serve the subpoena upon the intended witness and bear the cost of the expenses of the witness in appearing before the lawyer who will prepare or supervise the preparation of the judicial affidavit [Section 22.2(d)]. 9. Request for leave of court to prepare an affidavit through video conferencing if a vital witness is: (a) outside of the Philippines, or (b) shown to be under an exceptional or compelling predicament, during the period for the submission of judicial affidavits [Section 22.2(f)]. 10. If the motion for leave of court to prepare an affidavit through video conferencing of a vital witness is granted, submit the judicial affidavit to the court with attestation regarding its authenticity [Section 22.2(f)]. 11. Within thirty (30) days from receipt of the notice of the court to submit judicial affidavits and documentary or object evidence, submit and serve the judicial affidavits of all the witnesses intended to be presented, attaching the documentary and/or object evidence properly identified and authenticated [Section 22.2(a)]. Upon submission of the judicial affidavits and evidence, the direct testimony of the witnesses and the evidence previously marked as exhibits shall be deemed offered and admitted [Section 22.2(i)]. 12. Within the same period of thirty (30) days, file a motion to allow a witness to testify in court containing the substance of the testimony which shall be restricted to relevant facts, if such witness is unable to execute a judicial affidavit because of exceptional and compelling reasons, i.e., government employees or officials with high demand of their official work [Section 22.2(g)]. 13. Within fifteen (15) days from receipt of the adverse party’s judicial affidavits, submit reply judicial affidavits on matters not touched on in the initial affidavits [Section 22.2(b)]. 14. Submission of further judicial affidavits must be with leave of court and for justifiable grounds [Section 22.2(b)]. 15. In case of failure to submit the required judicial affidavits and exhibits when due: a) Submit the required judicial affidavits and exhibits within fifteen (15) days from receipt of the adverse party’s judicial affidavits with good cause shown [Section 22.2(e)]. b) If failure is without good cause, pay the fine imposed by the court (PhP1,000 - PhP5,000) and submit the required judicial affidavits and exhibits within fifteen (15) days from receipt of the adverse party’s judicial affidavits [Section 22.2(e)]. 16. In case of non-conformity of the judicial affidavit to the content requirements: c) If the non-compliance is with good cause, submit compliant replacement affidavits within ten (10) days from receipt of the exclusion order issued by the court [Section 22.2(h)]. d) If the non-compliance is without good cause, pay the fine imposed by the court (PhP1,000 - PhP5,000) and submit compliant replacement affidavits within ten (10) days from receipt of the exclusion order issued by the court [Section 22.2(h)].

D. Comparison of evidence for admission [Section 22.2(c)] 17. If the original document or evidence will be retained in the party’s or witness’ possession, request a schedule for comparison of documents and evidence before the branch clerk of court. 18. During the scheduled comparison, bring the original document or object evidence for comparison by the adverse party. 19. Unless comparison is done or deemed waived by the non-appearance of the adverse party, the copy attached to the judicial affidavits shall not be admitted.

E. Terms of Reference [Section 22.4] 20. Submit a brief, concise, and fair draft of the Terms of Reference to the court and serve copies thereof to the adverse party within fifteen (15) days from receipt of the order issued by the court for submission thereof [Section 22.4(a)]. 21. Failure to submit the draft Terms of Reference shall be deemed a waiver of the submission of such draft, without prejudice to appropriate sanctions for failure to comply with an order of the court [Section 22.4(f)].

F. Schedule of Preliminary Conference 22. Coordinate with the branch clerk of court by phone calls and electronic messages to set the date of the preliminary conference [Section 22.5]. 23. For lawyers, promptly inform the client-party of the date and time set for, as well as the importance of attending, the preliminary conference [Section 22.5].

II. PRELIMINARY CONFERENCE PROPER

G. Appearance of parties and counsel 24. If the party can’t attend the scheduled preliminary conference, prepare the necessary special power of attorney fully authorizing counsel or another person to appear and act on his or her behalf during the preliminary conference. 25. Appear at the scheduled preliminary conference. Non-appearance may be excused only for valid cause or if the party is duly represented by a person fully authorized to act on his behalf on all matters subject of the preliminary conference [Section 22.6]. 26. In case of failure to appear at the scheduled preliminary conference and within fifteen (15) days from notice of the decision rendered by the court, notify the adverse party and file a motion with the court to set aside decision as in default explaining that failure to appear was due to extrinsic fraud or unavoidable accident [Section 22.8]. 27. In case failure to appear at the scheduled preliminary conference was not due to extrinsic fraud or unavoidable accident, notify the adverse party and file a motion to set aside decision in default with admission of error or neglect by the party or counsel, and pay the corresponding fine imposed by the court (PhP1,000 - PhP5,000) [Section 22.8].

H. Matters to be taken up 28. Determine and advise the court whether there is a need to amend or make changes to the Terms of Reference prepared by the court [Section 22.9(a)]. 29. If there are issues which, under the Terms of Reference prepared by the court, are excluded for trial, request that such excluded issue/s be included for trial and deposit court costs amounting to not less than PhP10,000.00 but not more than PhP50,000.00 as may be imposed by the court. The court costs deposited shall be forfeited to the court if the issue so included is determined to be a sham by the court or a higher court on appeal; otherwise, the amount shall be refunded [Section 22.9(b)]. 30. Consult with the adverse party if there is a chance of amicable settlement and, if so, request the court to adjourn the preliminary conference [Section 22.9(c)]. 31. For purposes of the Order of Trial to be issued [Section 22.9(d)]: e) Inform the court which issues are intended to be heard first or simultaneously, in case of related issues. f) Name the witnesses who will be presented to testify on each specific issue to be heard and if a witness or witnesses will testify on more than one issue. g) Agree on the specific dates of trial and reception of evidence of each issue or related issues. h) Elect the mode of trial to be adopted by the court. If an alternate trial is desired, agree with the adverse party. i) In case the mode of trial adopted will be face-to-face, determine whether a simple or regular face-to-face trial is necessary. Inform the court of the witnesses exempt from face-to-face examination and request a separate date and schedule for their examination. j) Inform the court if there are certain issues which must be tried by commissioners. 32. Determine if there is a need to make changes in the details to be included in the Order of Trial based on the summary given by the judge at the end of the preliminary conference.

I. Judgment or dismissal [Section 22.9(e)] 33. Point out the existence of a genuine issue involved in the case so as to preclude the court from immediately rendering judgment or dismissing the case. 34. If the court determines that there is a ground for dismissal of the case, prepare the evidence in support thereof for presentation at the date set by the court for its reception.

III. AFTER THE PRELIMINARY CONFERENCE

J. Final Terms of Reference 35. Ensure that any and all necessary changes to the Terms of Reference have been reflected and payment of court costs has been made for the inclusion of excluded issue/s for trial, if applicable. 36. Wait for the final Terms of Reference to be issued by the court, which must be received before the first scheduled date of trial.

K. Order of Trial 37. Await the Order of Trial to be issued by the court and ensure that the same accurately reflects the matters taken up and agreed upon during the preliminary conference. 38. Prepare the witnesses and evidence to be presented at the scheduled dates of trial as indicated in the Order of Trial.

L. Judgment or dismissal 39. Point out the existence of a genuine issue involved in the case so as to preclude the court from immediately rendering judgment or dismissing the case. 40. If the court determines that there is a ground for dismissal of the case, prepare the evidence in support thereof for presentation at the date set by the court for its reception.

RULE 24: TRIAL

I. BEFORE TRIAL

A. Appearance and postponements 1. Appear at the scheduled date and time of trial along with all the witnesses who will testify on the issue or related issues scheduled to be heard as provided in the Order of Trial. 2. If any of the witnesses cannot converse effectively in English or Filipino, request from the court an interpreter knowledgeable of the language or dialect known to the witness or offer to provide one for the hearing. [Section 24.17] 3. In case of fortuitous event or serious illness of the counsel or witness, file a motion for postponement or resetting of trial with the court with the evidence necessary to satisfactorily prove the ground invoked. [Section 24.14(a)] 4. If the ground for postponement or resetting of trial is serious illness of counsel or witness, obtain and attach to the motion for postponement or resetting of trial the medical certificate issued by a physician stating that the illness is of such gravity as to prevent the counsel’s or witness’ presence at the scheduled hearing. [Section 24.14(b)] 5. Notify the physician who issued the medical certificate to appear before the court if the judge requires his appearance to verify the truth of the certification.[Section 24.14(b)]

B. Consequences of failure to appear 1. Failure to appear at the pre-agreed face-to-face trial without obtaining prior postponement shall be considered a waiver of appearance. The absent counsel’s witnesses, if present, will be examined in the usual course of trial. [Section 24.15(a)] 2. If the absent party is a witness who executed a judicial affidavit, the adverse party may use such judicial affidavit as a judicial admission of the absent party. [Section 24.15(b)]

C. Disqualification of witnesses and/or exclusion of judicial affidavit 1. Before examining the witness of the adverse party, move to disqualify such witness or to strike out or exclude the whole or part of his/her judicial affidavit or to exclude any of the answers found in it or exhibits attached to it on the ground of inadmissibility [Section 24.4(b) and (c)]. 2. If the exhibits sought to be excluded are voluminous, file a motion to facilitate the court in resolving the objection. If the court excludes the exhibits on the grounds of public policy, tender such excluded evidence under the appropriate rule [Section 24.4(c)].

II. TRIAL PROPER

D. Common Rules 1. Advise the witness that he/she may testify either in English or Filipino. [Section 24.17] 2. If the witnesses cannot properly take part in the exchange because of language difficulty, move that the examination of the witness be conducted in the language or dialect known to the witness. [Section 24.17] 3. Follow the sequence of factual issues to be tried by the court as appearing in the Order of Trial. Prepare the witness or witnesses to be presented to testify on the factual issue or related issues scheduled for hearing [Section 24.4(a)]. 4. Examine the witnesses to determine the truthfulness of their judicial affidavits [Section 24.4(d)].

5. Take exception/s or objection/s to the questions propounded by the court or other counsel to the witness as follows [Sections 24.8 and 24.9]:

Type of Objection | When made | Court Action | FORM, i.e., questions are argumentative, leading, multiple, repetitive, vague, improper characterization, confusing or unfair | After question has been answered | (1) Note the exceptions or, (2) strike out the answer and rephrase the question | SUBSTANCE, i.e., questions are perceived to elicit inadmissible answers such as, but not limited to, those relating to right against self-incrimination, privileged communication, disqualification, Statute of Frauds, rape shield law, bank secrecy laws, Anti-Money Laundering Act, and other laws or rules prohibiting disclosure of information or data | Before witness answers the questionsIf answer already given, counsel may move to strike out the answer | Promptly rule on exceptions or motions | ADMISSIBILITY under applicable provisions of the Rules on Evidence, i.e., best evidence, parol evidence, conclusion or opinion evidence, hearsay evidence, irrelevant evidence or character evidence | After the question has been answered | Note exception and consider when deciding the case |

E. Allowed Motions

1. Motion to admit newly discovered evidence - If evidence is newly discovered during trial, file a motion to admit the newly-discovered evidence. [Section 24.16]. 2. Motion to amend Order of Trial- If new issues arise during the course of trial, even without amending the pleadings, file a motion to amend the Order of Trial [Section 24.16]. 3. Motion for leave for an expert to ask question directed to adverse party’s expert witness- If necessary, file a Motion for Leave for an expert witness to ask questions directed to the adverse party’s expert witness on any matter covered by the testimony of the latter on the issue or related issues at hand [Section 24.11].

F. Modes of Trial

1. ALTERNATE TRIAL

k) Presentation of witnesses by the parties. i If you have the burden of proving the affirmative of the first issue under consideration, be the first to present witnesses respecting such issue [Section 24.5(b)]. ii If more than one witness will be presented, present the witnesses successively respecting such issue. [Section 24.5(b)] iii After each witness is presented, the court will be the first to examine each of the witnesses. [Section 24.5(c)] iv After the court examines each of the witnesses presented, the counsel/s will then take turns to conduct the cross, re-direct and re-cross of the particular witness. [Section 24.5(c)] v After the court and the counsels have examined all the witnesses for the particular issue or related issues, the counsel for the adverse party shall present the witness/es for that issue [Section 24.5(e)]. vi After each adverse party witness is presented, the court will be the first to examine each of the witnesses. [Section 24.5(c)] vii After the court examines each of the witnesses presented by the adverse party, the counsel/s will then take turns to conduct the cross, re-direct and re-cross of the adverse party witness/es. [Section 24.5(c)] viii During the examination of the witnesses ensure that it is entirely focused on the issue/s at hand and not dwell on matters outside of and totally unrelated to such issue/s. [Section 24.5(d)]. ix After all the witnesses from both sides have been examined respecting the issue or related issues, move on to the next issue or related issues as appearing in the Order of Trial. [Section 24.5(e)] following the same rules.

l) Memorandum and Oral Arguments x After the examination of all the witnesses of the contending parties by the court and counsels, and all the issues as appearing on the Order of Trial have been heard, simultaneously submit the memorandum or draft decision within thirty (30) days from the last day of trial. A softcopy of the document in a format acceptable to the court shall also be included [Section 24.13 (a) (1)]. xi After the memoranda of the parties have been submitted, prepare and present the case for oral argument on such date and time as the court and parties may agree on [Section 24.13 (a) (2)]. xii Await the decision of the court which will be rendered within ninety (90) days after the oral arguments of the parties. [Section 24.13 (a) (3)]

2. REGULAR FACE-TO-FACE TRIAL

a) Ground rules i Make sure that all the witnesses are present during the scheduled hearing. [Section 24.6(a)] ii Ensure that witnesses exempt from face-to-face examination are not included, i.e., a child witness or a person who is mentally, psychologically, or physically challenged or under a similar conditions that puts such witness in a disadvantage in a face-to-face confrontation. Examine these exempt witness separately on the schedules indicated in the Order of Trial. [Section 24.10] iii Arrange the witness in such a way that they sit face-to-face around the table in a non-adversarial environment [Section 24.6(b)]. iv Ensure that only one person at a time shall speak during trial and with prior permission of the court. [Section 24.6(c)]. v Instruct the witnesses and the parties that the person who is speaking must identify himself/herself for the record at all times [Section 24.6(c)]. vi Object to a witness who attempts pose questions to other witnesses relating to their testimonies. [Section 24.6 (e)] vii Ensure that witnesses are given equal time and opportunity to answer questions propounded by the court and/or the counsels [Section 24.6 (e)].

b) First phase: Examination by the Court i All the witnesses from the contending sides appearing before the court shall simultaneously swear to the truth of their respective testimonies. [Section 24.6(a)] ii Observe the court as it examines and questions the witnesses from the contending sides regarding the issue or related issues at hand in no particular sequence and take note of the answers given by the witnesses in preparation for the second phase [Section 24.7 (g)]. iii When the questions are directed to your specific witness, your other witnesses may seek permission to supplement, clarify or qualify the answers the first witness has given. [Section 24.7(b)] iv If your witnesses are from the adverse party, ensure that your witnesses are given equal time and opportunity to reply to the question propounded to the other party’s witness. [Section 24.7(c)]

c) Second phase: Examination by Counsel i After the first phase is concluded, counsels from the contending sides shall cross-examine, re-direct and re-cross the witnesses based on their judicial affidavits, the attached exhibits, the answers the witnesses gave during the court’s first-phase examination, or their testimonies. This phase is without prejudice to the court’s further examination of the witnesses already examined by counsels. [Section 24.7 (h)] ii Follow the fixed sequence of examination as appearing in the Order of Trial, especially where there are multiple parties involved [Section 24.7 (h)]. iii Ensure that a witness whose testimony is adverse is examined [Section 24.7 (h)]. iv Adopt the testimony of another party’s witness if such testimony is favorable [Section 24.7 (h)]. v After counsels have concluded their examination of witnesses for the previous issue, move for the examination of the witnesses to be presented for the next issue or related issues based on the Order of Trial. Otherwise, adjourn the trial until the next scheduled trial date appearing on the Order of Trial [Section 24.7 (i)].

d) Memorandum and Oral Arguments i After the examination of all the witnesses of the contending parties by the court and counsels, and all the issues as appearing on the Order of Trial have been heard, simultaneously submit the memorandum or draft decision within thirty (30) days from the last day of trial. A softcopy of the document in a format acceptable to the court shall also be included [Section 24.13 (a) (1)]. ii After the memoranda of the parties have been submitted, prepare and present the case for oral argument on such date and time as the court and parties may agree on [Section 24.13 (a) (2)]. iii Await the decision of the court which will be rendered within ninety (90) days after the oral arguments of the parties. [Section 24.13 (a) (3)]

3. Simple or Summary Face-to-Face Trial

a) Ground rules i Make sure that all the witnesses are present during the scheduled hearing. [Section 24.6(a)] ii Ensure that witnesses exempt from face-to-face examination are not included, i.e., a child witness or a person who is mentally, psychologically, or physically challenged or under a similar conditions that puts such witness in a disadvantage in a face-to-face confrontation. Examine these exempt witness separately on the schedules indicated in the Order of Trial. [Section 24.10] iii Arrange the witness in such a way that they sit face-to-face around the table in a non-adversarial environment [Section 24.6(b)]. iv Ensure that only one person at a time shall speak during trial and with prior permission of the court. [Section 24.6(c)]. v Instruct the witnesses and the parties that the person who is speaking must identify himself/herself for the record at all times [Section 24.6(c)]. vi Object to a witness who attempts pose questions to other witnesses relating to their testimonies. [Section 24.6 (e)] vii Ensure that witnesses are given equal time and opportunity to answer questions propounded by the court and/or the counsels [Section 24.6 (e)]. viii Conduct the trial in one setting. [Section 24.12]

b) First phase: Examination by the Court i All the witnesses from the contending sides appearing before the court shall simultaneously swear to the truth of their respective testimonies. [Section 24.6(a)] ii Observe the court as it examines and questions the witnesses from the contending sides regarding the issue or related issues at hand in no particular sequence and take note of the answers given by the witnesses in preparation for the second phase [Section 24.7 (g)]. iii When the questions are directed to your specific witness, your other witnesses may seek permission to supplement, clarify or qualify the answers the first witness has given. [Section 24.7(b)] iv If your witnesses are from the adverse party, ensure that your witnesses are given equal time and opportunity to reply to the question propounded to the other party’s witness. [Section 24.7(c)]

c) Second phase: Examination by Counsel i After the first phase is concluded, counsels from the contending sides shall cross-examine, re-direct and re-cross the witnesses based on their judicial affidavits, the attached exhibits, the answers the witnesses gave during the court’s first-phase examination, or their testimonies. This phase is without prejudice to the court’s further examination of the witnesses already examined by counsels. [Section 24.7 (h)] ii Follow the fixed sequence of examination as appearing in the Order of Trial, especially where there are multiple parties involved [Section 24.7 (h)]. iii Ensure that a witness whose testimony is adverse is examined [Section 24.7 (h)]. iv Adopt the testimony of another party’s witness if such testimony is favorable [Section 24.7 (h)]. v After counsels have concluded their examination of witnesses for the previous issue, move for the examination of the witnesses to be presented for the next issue or related issues based on the Order of Trial. Otherwise, adjourn the trial until the next scheduled trial date appearing on the Order of Trial [Section 24.7 (i)].

d) Oral arguments, oral judgment and memorandum or draft decision i After the examination of all the witnesses, present a brief oral argument if ordered by the court. [Section 24.13 (b) (1)]. ii The parties or their counsels shall sign the minutes of the proceedings containing the oral judgment as evidence of notification. [Section 24.13 (b) (2)]. iii The winning party shall submit within thirty (30) days from the oral judgment, a memorandum or draft decision based on the oral judgment rendered. The winning party must include a softcopy of the document in a format acceptable to the court. [Section 24.13 (b) (3)]. iv In place of oral argument, submit the memorandum or draft decision within thirty (30) days from the last day of trial. A softcopy of the document in a format acceptable to the court shall also be included [Section 24.13 (b) (4)]. iv Await the decision of the court which will be rendered within sixty (60) days after the oral arguments of the parties, if any, or from the date the trial ended. [Section 24.13 (b) (5)]

III. AFTER TRIAL G. Decision H. Appeal - In case of an adverse decision, file an appeal. The period to appeal shall be reckoned from the date of receipt of the written decision by the appealing party. [Section 24.13 (b) (6)].

SAMPLE CASE
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Company A, a construction company, entered into supply contract with Company B as supplier. One of the terms of the contract is for Company B to supply 100 pcs. of Narra wood panels to be used as flooring in Company’s A projects. One of the requisites for the perfection of the contract is for Company B to provide a Narra wood panel sample to Company A. Company B presented Narra wood panel class 3 to Company A which the latter approved.
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Company A is now suing Company B for breach of contract with damages for failure to provide the Narra wood panels to Company A in accordance with the terms of the contract. In its Answer, Company B argued that it complied with the terms of the contract because it delivered Narra wood panels. Its failure to deliver the Narra wood panel class 3 to Company A was due to a log ban imposed by the government which constitutes a fortuitous event. Company B argued that the wood panel it provided is Narra wood class 4 which substantially complies with its obligation under the contract.
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During preliminary conference, the issues were identified as follows:
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(a) Whether or not Company B breached its obligation under the supply contract to
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supply Narra wood panels to Company A;
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(b) Whether or not the log ban is considered a fortuitous event; and
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(c) Whether or not Company B is liable for damages to Company A.

CASE ILLUSTRATION FOR FACE-TO-FACE TRIAL

JUDGE
Company A
COMPANY A’S COUNSEL
WITNESS “A-1”
WITNESS “A-2”
WITNESS “B-1”
WITNESS “B-2”
WITNESS “B-3”
COMPANY B’S COUNSEL
COMPANY B
Stenographer
Illustration of Face-to-Face Trial

A. Trial on the first issue of “whether or not Company B breached its obligation under the supply contract to supply Narra wood panels to Company A”

1. The first-phase of examination

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

No, it was different – lighter in weight and color. [showing sample versus actual panel delivered]

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Yes, but there was a log ban at that time so we couldn’t deliver Class 3 Narra. Instead, we delivered Class 4.

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Witness B, is that true? Was the sample shown different that what Company B delivered?

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

But we were shown Class 3 Narra. Class 4 Narra wood panels are cheaper.

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Here’s a certification we obtained from the Bureau of Forrestry of the different classes of Narra. So Class 4 Narra is still Narra.

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Counsels, you may proceed with your examination of the witnesses. Per the Order of Trial, Company B’s counsel will conduct his cross-examination, to be followed by re-direct examination by counsel for Company A. I will ask additional questions if necessary.

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Witness A-1 and B-1, both of you can stop now. The issue has been clarified. As I understand, Company B delivered Class 4 Narra because of the log ban. This Class 4 Narra is different from the samples shown to Company A, which were Class 3 Narra wood panels.

2. The second-phase of examination

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

The objection is noted. I will consider that objection in deciding this case.

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

The Supply Contract states that Company B will supply Narra wood panels.

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Objection your honor. That question is inadmissible under the Best Evidence Rule.

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Witness A-1, does the Supply Contract stated that the Narra wood panels to be supplied should be Class 3?

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Witness B-1, was the sample you showed to Company A the only sample of Narra wood panel available?

The cross, re-direct, and re-cross examination will continue with Witness B-1. At any time, the Judge may ask additional questions to the witnesses.

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Witness A-1, were you able to use the Narra supplied by Company B under the supply contract?

After Counsel’s (Company A) re-direct-examination…

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Witness A-1, when you ordered Narra from Company B, did you specify the kind or class you needed?

After Counsel’s (Company B) cross-examination…

B. Trial on the second issue of “whether or not the log ban is considered a fortuitous event”

a. First phase examination

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Witness B-2, you certified that there is a log ban preventing Company B from delivering Narra Class 3. Who declared the log ban?

When all the witnesses have been examined on the first issue, trial shall move on to the second issue in the Order of Trial.

b. Second phase examination

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Witness B-2, what was the period of the log ban you mentioned in your certification?

C. Trial on the third issue of “whether Company B is liable for damages to Company A”

c. First phase examination

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Witness A-1, what happened to the Narra Class 4 delivered by Company B to Company A?

When all the witnesses have been examined on the second issue, trial shall move on to the third issue in the Order of Trial.

d. Second phase examination

JUDGE
Company A
Counsel
Witness A-1
Witness A-2
Company B
Counsel
Witness B-1
Witness B-2
Witness B-3
Stenographer

Witness B-1, how many pieces of Class 4 wood panel were actually installed?

The cross, re-direct, and re-cross examination will proceed. At any time, the Judge may ask additional questions to the witnesses.

Just a minute, counsel, so Company A used the Class 4 Narra delivered by Company B?

CASE ILLUSTRATION FOR ALTERNATE TRIAL

JUDGE
Company A
COMPANY A’S COUNSEL
WITNESS “A-1”
WITNESS “A-2”
COMPANY B’S COUNSEL
COMPANY B
Illustration of Alternate Trial

A. Trial on the first issue

a. Presentation by Company A of its witnesses and evidence

b. Presentation by Company B of its witnesses and evidence

B. After the examination of the witnesses of the contending parties has terminated, trial will proceed to the subsequent issues (Second, Third) as appearing in the Order of Trial.

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[ 1 ]. See Rules 6 on Kinds of Pleadings, Rule 10 on Amended and Supplemental Pleadings, Rule 12 on Bill of Particulars, Rule 15 on Motions to Dismiss in the 1997 Rules of Civil Procedure. Note: Rule 6 on Conditions to Action, i.e.., prior written demand, written proof of failed effort to meet and negotiate, certification of failure of subsequent submission to mediation, in the Revised Rules of Civil Procedure, have not yet been adopted, and thus, may not yet be applicable to pilot-courts.
[ 2 ]. Rules 27 to 31 have not yet been adopted and, thus, may not yet be applicable to pilot-courts.
[ 3 ]. Contents of the draft Terms of Reference: 1. Summary of the admitted facts; 2. Statement of the documents attached to judicial affidavits or object evidence referred to are faithful copies, reproductions, or pictures of their originals if such be the case; 3. Summary of the totality of the facts that the plaintiff’s evidence appears to have established; 4. Summary of the totality of the facts that the defendant’s evidence appears to have established; 5. Statement of the factual issue or issues that the conflicting evidence of the parties present; 6. List of the witnesses from either side who are competent to testify on each of the factual issues or related factual issues in the case; and 7. Statement of the legal issues that the case presents once the factual issues and related factual issues have been resolved.
[ 4 ]. The rule on Proffer of Excluded Evidence is not yet part of the rules for pilot testing.