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10. Preliminary conference pursuant to rule d.

Document or exhibits to be
48 precedes pre-trial. presented, stating the purpose.
No evidence shall be allowed to
A.M. NO. 03-1-09-SC
be presented and offered other
Proposed rule on guidelines to be observed than those that had been earlier
by trial court judges and clerks of court in the identified and pre-marked during
cinduct of pre-trial and use of deposition- pre-trial, except if allowed by
discovery measures. court for good cause shown
e. Manifestation of their having
1. Pre-trial availed of or intention to avail of
A. Civil cases discovery procedures or referral
Within one day from receipt of the to commissioners
complaint: f. Number and names of witnesses,
substance of their testimonies,
1.1. Summons shall be prepared and and the approximate number of
shall contain a reminder to hours that will be required by
defendant to observe restraint in the parties for the presentation
filing a motion to dismiss. of their respective witnesses.
1.2. The court shall issue and order 3. At the start of the pre-trial
requiring the parties to avail of conference, the judge shall
interrogatories to parties and immediately refer the parties and/or
request for admission by adverse their counsel if authorized by their
party or at their discretion make clients to the PMC mediation unit for
use of depositions. Within 5 days purposes of mediation if available.
from date of filing of the reply, The judge may refer the case to the
plaintiff must promptly move ex- branch COC for a preliminary
parte that the case be set for conference , during that, the branch
pre-trial. COC shall also ascertain the
undisputed facts and admissions on
2. Parties shall submit, at least 3 days the genuiness and due execution of
before pre-trial, pre-trial briefs documents marked as exdhibits.
containing the following: Minutes of preliminary conference
a. Statement of their willingness to shall be attached by the branch COC
enter into amicable settlement to the case record before pre-trial.
indicating the desired terms or 4. Before the continuation of the pre-
to submit the case to any trial conference, the judge must
alternative mode of dispute study all the pleadings of the case,
resolution. and determine the issues thereof
b. Summary of admitted facts and and respective positions of the
proposed stipulation of facts parties thereon to enable him to
c. Issues to be tried or resolved intelligently steer the parties toward
a possible amicable settlement of
the case, or, at least to help reduce
and limit the issues.

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