Remedial Law Notes

While there are instances when a party may be properly defaulted, these should be the exception rather than the rule, and should be allowed only in cle…

We reiterate the previous admonitions of this Court against "precipitate orders of default as these have the effect of denying the litigant the c…

Compare pre-trial in civil cases to pre-trial in criminal cases (Bar 1997) 1. The pre-trial in a civil case is set when the plaintiff moves ex par…

Section 6.  Pre-trial brief. — The parties shall file with the court and serve on the adverse party, in such manner as shall ensure their receipt…

Section 3. Notice of pre-trial. — The notice of pre-trial shall be served on counsel, or on the party who has no counsel. The counsel served wit…

Section 7. Record of pre-trial . — The proceedings in the pre-trial shall be recorded. Upon the termination thereof, the court shall issue an ord…

The Rule mandatorily requires the parties to seasonably file their briefs and failure to do so shall be cause for the dismissal of the action. The  pre…

Pre-trial is an essential device for the speedy disposition of disputes. Hence, parties cannot brush it aside as a mere technicality. Where the pre-tr…

When is pre-trial in required? Pre-trial is mandatory in all criminal cases cognizable by the Sandiganbayan, RTC, MTCs and Municipal Circuit Trial Co…