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Civil Procedure: Rule 48- Preliminary Conference

Preliminary Conference

Section 1. Preliminary conference. — At any time during the pendency of a case, the court may call the parties and their counsel to a preliminary conference.

(a) To consider the possibility of an amicable settlement, except when the case is not allowed by law to be compromised

(b) To define, simplify and clarify the issues for determination;

(c) To formulate stipulations of facts and admissions of documentary exhibits, limit the number of witnesses to be presented in cases falling within the original jurisdiction of the court, or those within its appellate jurisdiction where a motion for new trial is granted on the ground of newly discovered evidence; and

(d) To take up such other matters which may aid the court in the prompt disposition of the case. (Rule 7, CA Internal Rules) (n)

Section 2. Record of the conference. — The proceedings at such conference shall be recorded and, upon the conclusion thereof, a resolution shall be issued embodying all the actions taken therein, the stipulations and admissions made and the issues defined. (n)

Section 3. Binding effect of the results of the conference. — Subject to such modifications which may be made to prevent manifest injustice, the resolution in the preceding section shall control the subsequent proceedings in the case unless, within five (5) days from notice thereof, any party shall satisfactorily show valid cause why the same should not be followed. (n)
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