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Note: Pre-Trial brief not required in a criminal casePre-Trial Order Issues by the court upon termination of the pre-trialRecites in detail the ff.:1.matters taken up in the conference 2.action taken thereon 3.amendments allowed 4.agreements and admissions made by the parties as to any of the matters considered Should the action proceed to trial, pre-trial order:1.defines and limits the issues to be tried 2.controls the subsequent course of action Note: Agreements and admissions made in the pre-trial are not required to be signed by the parties and their counsels Preliminary Conference under the Rules on Summary Procedure 1.shall be held not later than 30 days after the answer was filed 2.failure of the plaintiff to appear –cause for dismissal and the defendant who appears shall be entitled to judgment on his counter claim; all cross-claims shall be dismissed within 5 days from termination, court shall issue an order stating the matters taken up in the conference Modes of DiscoveryDiscovery - a device employed by a party to obtain information about relevant matters on the case from the adverse party in preparation for trial; it may be used by all parties to the case. Modes of Discovery 1.Depositions pending action 2.Depositions before action or pending appeal 3.Interrogatories 4.Admission by adverse party 5.Production or inspection of documents and things 6.Physical and mental examination of things Depositions –taking of the testimony of any person, whether a party or not, but at the instance of the parties to the action; taken out of court. May either be: a.Oral examination b.Written interrogatories May be sought for use in a future action during a pending action or for use in a pending appeal Benne Esse–deposition used for appending action Perpetuam Rei Memoriam–deposition sought before the existence of an action or cases on appeal When Leave of Court Required 1.before service of an answer but after jurisdiction has been acquired over the defendant or property subject of the action 2.taking a deposition from a prisoner When Leave of Court NOT Required 1.after an answer has been served
The Fraternal Order of UTOPIAMIKE CANILAO,ACCASTAÑEDA &JCPIÑON Page 33CIVILPROCEDURE- RIANOBefore Whom Taken Within the Philippines: 1.judge 2.notary public 3.any person authorized to administer oaths Outside the Philippines: 1.secretary of an embassy or legation, consul general, consul, vice-consul, or consular agent of the Philippines 2.such person or officer as may be appointed by commission or letters rogatory 3.person authorized to administer oaths by written stipulations of the parties Note: No person shall be taken by a person who is a relative within the 6thdegree of consanguinity or affinity, or employee or counsel of any of the parties; or who is a relative within the same degree, or employee of such counsel; or who is financially interested in the action.