No reservation shall be allowed if not made in the

This preview shows page 10 - 12 out of 14 pages.

No reservation shall be allowed if not made in the manner described above. The failure without just cause of a party and/or counsel to bring the evidence required shall be deemed a waiver of the presentation of such evidence. The branch clerk of court shall prepare the minutes of the pre-trial, which shall follow the prescribed format. The failure without just cause of a party and counsel to appear during pre-trial, despite notice, shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due execution. (This provision should properly apply only against defendants. The 2019 Amendments provides that absence of the plaintiff during the pre-trial shall result to a dismissal of the complaint, while the absence of the defendant shall result to plaintiff presenting evidence ex-parte).
11 | S A N T I A G O , S a r a A n d r e a N i n a P. | 2 0 1 7 - 0 0 6 4 | C i v i l P r o c e d u r e The 1997 Rules simply provides that notice shall be served on the 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. (Rule 18, Sec.3) This is still the same requirement under the 2019 Amendments, but with the additional directive that the notice of pre-trial shall include the dates respectively set for: (a) Pre-trial; (b) Court-Annexed Mediation; and (c) Judicial Dispute Resolution, if necessary. The 1997 Rules simply provides that non-appearance may be excused when “valid cause is shown”. Rule 18, Sec. 4 of the 2019 Amendments spells out that the valid excuses are: (a) acts of God; (b) force majeure; or (c) duly substantiated physical inability. When duly notified, in case of non-appearance without valid cause: A. Failure of the plaintiff and counsel to appear — dismissal of the action, with prejudice, unless otherwise ordered by the court. B. Failure on the part of the defendant and counsel — plaintiff shall be allowed to present evidence ex-parte within 10 calendar days from termination of the pre- trial, and the court to render judgment on the basis of the evidence offered. The specific period (10 days) has been added in the 2019 Amendments. CAM AND JDR The 2019 Amendments now expressly provides for Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR). Rule 18, Section 8. Court-Annexed Mediation. – After pre-trial and, after issues are joined, the court shall refer the parties for mandatory court-annexed mediation. The period for court-annexed mediation shall not exceed thirty (30) calendar days without further extension. (n) Rule 19, Section 9. Judicial Dispute Resolution. – Only if the judge of the court to which the case was originally raffled is convinced that settlement is still possible, the case may be referred to another court for judicial dispute resolution. The judicial dispute resolution shall be conducted within a non-extendible period of fifteen (15) calendar days from notice of failure of the court-annexed mediation.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture