Professional Documents
Culture Documents
RULE 30
Train is a formal examination of evidence before a judge, and typically
before a jury, in order to decide guilt in a case of criminal or civil proceedings.1
In a trial proceeding, when the entry of a case has been calendared, the clerk
of court must notify the parties of the date of its trial and he must make sure
that the parties received such notice at least five days prior to schedule of the
trial.2
The trial court may adjourn a trial but not longer than one month for each
adjournment, nor more than three months in all. Exception; when the Court
Administration or Supreme Court authorized it in writing.3
GROUNDS TO POSTPONE A TRIAL
1. Absence of evidence
Requisites to grant motion to postpone for absence of evidence
ORDER OF TRIAL
The trial shall be limited to the issues stated in the pre-trial order and shall
proceed as follows:
(a) The plaintiff shall adduce evidence in support of his complaint;
(b) The defendant shall then adduce evidence in support of his defense,
counterclaim, cross-claim and third-party complaints;
(c) The third-party defendant if any, shall adduce evidence of his defense,
counterclaim, cross-claim and fourth-party complaint;
(d) The fourth-party, and so forth, if any, shall adduce evidence of the
material facts pleaded by them;
(e) The parties against whom any counterclaim or cross-claim has been
pleaded, shall adduce evidence in support of their defense, in the order
to be prescribed by the court;
(f) The parties may then respectively adduce rebutting evidence only, unless
the court, for good reasons and in the furtherance of justice, permits
them to adduce evidence upon their original case; and
(g) Upon admission of the evidence, the case shall be deemed submitted for
decision, unless the court directs the parties to argue or to submit their
respective memoranda or any further pleadings.
Rule 32
Trial by commissioner:
1. Reference by consent of both parties
2. Reference by motion of one of the parties or motuproprio:
Trial requires examination of a long account of either side
1. Taking of an account is necessary for the information of the court before
judgment or for carrying a judgment order into effect
2. Question of fact, other than upon the pleadings, arises upon motion or
otherwise, in any stage of the case.
Rule 33 Demurrer to Evidence
Demurrer to evidence is made by the defendant after the plaintiff has
completed the presentation of his evidence where the defendant moves for
dismissal on the ground that upon the facts and the law the plaintiff has
shown no right to relief.
1.