I. Pre-trial (Rule 18; AM 03-1-09-SC)

Purpose of Pre-Trial:

Pre-trial is not a mere technicality in court proceedings for it serves a vital objective: the simplification, abbreviation, and expedition of trial, if not indeed its dispensation. (Tolentino v. Heirs of Laurel-Ascalon, G.R. No. 181368, 2012).

HEARING<br>

Hearing is a broader term. It is not only confined to the trial and presentation of evidence but it also includes pre-trial, determination of granting or denying a motion and several stages of litigation.

When Pre-Trial is Conducted

Under the current rules, the pre-trial shall include the schedules of referral to mediation, and for JDR, if necessary.

Setting for Pre-Trial

The pre-trial brief serves as a guide during the pretrial conference so as to simplify, abbreviate, and expedite the trial if not to dispense with it. It is a devise essential to the speedy disposition of disputes, and parties cannot brush it aside as a mere technicality. In addition, pre-trial rules are not to be belittled or dismissed, because their nonobservance may result in prejudice to a party’s substantive rights. Like all rules, they should be followed except only for the most persuasive of reasons when they may be relaxed to relieve a litigant of an injustice not commensurate with the degree of his thought[less]ness in not complying with the procedure. (Eufemia Balatico vda. De Agatep vs Roberta L. Rodriguez and Natalia Aguinaldo Vda. De Lim, G.R. No. 170540, 2009)

NOTICE OF PRE-TRIAL

Section. 3. Notice of pre-trial. — The notice of pretrial shall include the dates respectively set for:

• Pre-trial;
• Court-Annexed Mediation; and
• Judicial Dispute Resolution, if necessary.

The notice of pre-trial shall be served on counsel, or on the party if he or she has no counsel. The counsel served with such notice is charged with the duty of notifying the party represented by him or her.