CRIMPRO-FINALS x.pdf - magsinotes | CRIMPRO 2AA 2019-2020 RULE 118 PRE-TRIAL Purpose[PS-MW-MM 1 Plea bargaining 2 Stipulation of facts 3 Marking for

CRIMPRO-FINALS x.pdf - magsinotes | CRIMPRO 2AA 2019-2020...

This preview shows page 1 - 3 out of 12 pages.

2AA 2019-2020 magsinotes | CRIMPRO 1 RULE 118 PRE-TRIAL Purpose [PS-MW-MM] 1. P lea bargaining; 2. S tipulation of facts; 3. M arking for identification of evidence of the parties; 4. W aiver of objections to admissibility of evidence; 5. M odification of the order of trial if the accused admits the charge but interposes a lawful defense; and 6. Such m atters as will promote a FET fair and expeditious trial of the criminal and civil aspects of the case (Sec. 1, Rule 118). GR: No evidence shall be allowed to be p resented and o ffered during the trial other than those i dentified and m arked during the pre-trial. PO-IM XPN: When allowed by the court for good cause shown. Courts where pre-trial is mandatory 1. SDB; 2. RTC; and 3. MeTC, MTCC, MTC, MCTC. When pre-trial shall be held a. Within 30D after arraignment; b. Within 10D if accused is under preventive detention; provided c. Where the direct testimonies of the witnesses are to be presented through judicial affidavits , the court shall give the prosecution not more than 20D from arraignment within which to prepare and submit their judicial affidavits in time for the pre-trial conference. Consequences for non-appearance at trial [CAP-PSP] If the CAP c ounsel for the a ccused or the p rosecutor: a. does not appear at the pre-trial conference; and b. does not offer an acceptable excuse for his lack of cooperation, The court may impose PSP p roper s anctions or p enalties. Duty of the Branch Clerk of Court [AMAC] 1. A ssist the parties in reaching a settlement of the civil aspect of the case; 2. M ark the documents to be presented as exhibits and copies thereof attached to the records after comparison [MD-pe- copies] 3. A scertain from the parties the UFA undisputed facts and admissions on the genuineness and due execution of documents marked as exhibits; and 4. Consider such other matters as may aid in the prompt disposition of the case. Proceedings Preliminary Conference Pre-trial [RSA] a. R ecorded in the Minutes of Preliminary Conference; [RT-MS] a. R ecorded; b. T ranscripts prepared;
Image of page 1

Subscribe to view the full document.

2AA 2019-2020 magsinotes | CRIMPRO 2 b. Si gned by both parties and counsel; and c. The minutes and exhibits shall be a ttached by the Branch Clerk of Court to the case record before the pre-trial. c. M inutes s igned by the parties and/or their counsels. Duty of the judge before the pre-trial conference [ASO] 1. Study the a llegations in the information; 2. The s tatements in the affidavit; and 3. O ther documents whch form part of the records of the preliminary investigation. GR: During the pre-trial, the judge shall consider plea-bargaining agreements. XPN : In cases of violation of the Dangerous Drugs Act. Duty of the judge when plea bargaining is agreed upon – [O-PC-JC] 1. Issue an o rder to that effect; 2. P roceed to receive evidence on the c ivil aspect of the case; and 3. Render and promulgate j udgment of c onviction, including the civil liability or damages duly established by the evidence.
Image of page 2
Image of page 3
  • Fall '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes