MANUAL FOR JUDGES
Rules 22 and 24
Revised Rules of Civil Procedure
(Pursuant to A.M. 14-03-02-SC, March 8, 2014)
A. PRELIMINARY CONFERENCE
I.
BEFORE THE PRELIMINARY CONFERENCE
a. Pleadings, motions and modes of discovery
1. Ensure that all pending incidents are resolved.1
2. Determine whether the parties to the case have availed or will
avail of modes of discovery under Rules 27 to 31 of the Revised
Rules of Civil Procedure.2
3. If the parties availed of discovery processes, require the
submission of the record of the discovery proceedings, previously
undisclosed documents or facts, and judicial affidavits pertaining
to the fruits of the discovery within sixty (60) days from the time
the parties started the discovery process [Section 22.3].
b. Judicial Dispute Resolution (“JDR”)
1. If the parties have settled the dispute during JDR, order the
dismissal of the case.
2. If parties have not settled the dispute, the case will be raffled to a
different branch for further proceedings unless a joint written
motion or manifestation has been filed by the parties requesting
the court to retain the case [Section 22.2].
3. If a joint written motion or manifestation is filed by the parties,
retain the case and proceed with the mandatory disclosure of
evidence [Section 22.2].
c. Judicial Affidavits
1. Act on and resolve a request for issuance of subpoena ad
testificandum or duces tecum filed by a party [Section 22.2(d)].
1
2
See Rule 10 on Amended and Supplemental Pleadings, Rule 12 on Bill of Particulars, Rule 15 on
Motions to Dismiss in the 1997 Rules of Civil Procedure.
Note: Rule 6 on Conditions to Action, i.e.., prior written demand, written proof of failed effort to
meet and negotiate, certification of failure of subsequent submission to mediation, in the Revised
Rules of Civil Procedure, have not yet been adopted, and thus, may not yet be applicable to pilotcourts.
Rules 27 to 31 have not yet been adopted and, thus, may not yet be applicable to pilot-courts.
2. If the witness subject of the request is neither a witness for the
adverse party or a hostile witness and the refusal to execute a
judicial affidavit is unjustifiable, issue subpoena ad testificandum
or duces tecum in favor of the requesting party.
3. Send notice to the parties requiring the simultaneous submission
and service of their respective judicial affidavits with all
documentary and/or object evidence attached thereto [Section
22.2(a)].
4. Grant leave of court for the preparation of affidavit through video
conferencing if the intended witness is a vital witness who is: (a)
outside of the Philippines; or (b) shown to be under an
exceptional or compelling predicament during the period for the
submission of judicial affidavits [Section 22.2(f)].
5. Resolve a motion filed by a party to allow a witness who was
unable to execute a judicial affidavit to testify in court by way or
narration of the facts. The motion may be granted if: (a) the
inability of the witness to execute a judicial affidavit is because of
an exceptional or compelling reason; (b) the motion contains the
substance of the testimony of the witness; and (c) the motion is
filed within the period for submission of judicial affidavits.
6. Impose a fine which is not less than P1,000.00 or more than
P5,000.00 in case of the party fails to timely submit the required
judicial affidavits and exhibits or submits a non-compliance
judicial affidavit except in the following instances:
a) Failure of the party to submit was for good cause and, in
fact, the judicial affidavit and exhibits were submitted within
the prescribed period therefor.
b) The non-compliance is with good cause and the party
submits a compliant replacement affidavit within the
prescribed period therefor.
7. Resolve motions for leave of court filed by a party for the
submission of reply-judicial affidavits made beyond the
prescribed period [Section 22.2(b)]. No further judicial affidavit
may be received without such prior leave of court being granted.
d. Terms of Reference [Section 22.4]
1. Issue an Order requiring the parties to simultaneous submit and
serve drafts of the Terms of Reference within fifteen (15) days
from receipt of the order [Section 22.4(a)].
2. In the event that a party failed to submit such draft Terms of
Reference, issue an Order stating that the party is deemed to have
waived the submission thereof [Section 22.4(f)].
3. Impose appropriate sanctions in case of a party’s failure to timely
submit a draft of the Terms of Reference [Section 22.4(f)].
4. Within fifteen (15) days from receipt of the drafts of the Terms of
Reference, prepare a final version of the Terms of Reference
taking such drafts into account [Section 22.4(g)].
e. Schedule of Preliminary Conference
1. Instruct the branch clerk of court to consult the parties, through
their counsels, on their availability for the preliminary conference
[Section 22.5].
2. Instruct the branch clerk of court to issue a written notice of the
preliminary conference on the parties, which notice shall require
the parties and their counsels to appear at the date and time set
for the preliminary conference [Section 22.5].
II.
PRELIMINARY CONFERENCE PROPER
a. Appearance of parties and counsel
1. Check whether all the parties and their counsels are present at the
scheduled preliminary conference. If a party fails to appear or
appears through a representative, determine whether the
representative is fully authorized to act on the party’s behalf in all
matters subject of the preliminary conference [Section 22.5].
2. In case of non-appearance by a party or his counsel during the
scheduled preliminary conference, examine ex parte such party’s
witness or witnesses based on their judicial affidavits [Section
22.7].
3. Within thirty (30) days from the date of the scheduled
preliminary conference, and after examining the absent party’s
witness or witnesses, render a decision as in default adjudicating
the other party’s claims, if warranted [Section 22.7].
4. If a motion to set aside decision in default is filed by a party,
resolve the motion as follows:
a) Grant the motion to set aside decision as in default if the
same is clearly meritorious and is: (a) filed within fifteen (15)
days from notice of the decision; (b) prior notice of the
motion was given to the adverse party; and (c) the party’s
failure to appear has been due to extrinsic fraud or
unavoidable accident [Section 22.8].
b) At the court’s discretion, grant the motion to set aside
decision as in default even where the ground is not clearly
meritorious and reschedule another preliminary conference
for the last time upon: (a) admission of error or neglect by
the party or his counsel; and (b) payment of the fine imposed
which shall not be less than P1,000.00 or more than P5,000.00
[Section 22.8].
b. Matters to be taken up
1. Consult the parties and their counsels if there is a need to change
the Terms of Reference and order such change to be made when
warranted [Section 22.9(a)].
2. Include, upon request of a party, an excluded issue for trial if the
additional issue sought to be included is genuine and not a sham
and require the party so requesting to pay court costs amounting
to not less than P10,000.00 but not more than P50,000.00, at the
court’s discretion [Section 22.9(b)].
3. Forfeit the court costs if the issue so included is determined to be
a sham by the court or a higher court on appeal; otherwise, the
amount shall be refunded [Section 22.9(b)].
4. Adjourn, just once, the preliminary conference if the parties
request for time to consider a possible settlement [Section 22.9(c)].
5. Determine whether the issues to be resolved warrant an alternate
or face-to-face trial. In case the circumstances warrant a face-toface trial, determine whether it will be a simple or summary faceto-face or regular face-to-face [Section 22.9 (d)(4)]
6. Consult the parties and determine the following for purposes of
issuing the Order of Trial:
a) Sequence of issues to be heard;
b) The identity of witnesses who will be presented to testify on
each issue or related issues and the sequence for the
examination of such witnesses by the counsels of the
contending parties;
c) The specific dates for reception of evidence on each issue or
related issues;
d) The mode of trial to be adopted by the court;
i.
Adopt a regular face-to-face trial where the issues are
complex or numerous and the evidence from both
sides consists of testimonies of several witnesses or
involve numerous pieces of evidence. Spread the
schedules of hearings of the regular face-to-face trial
over a period of time.
ii.
Adopt a simple one-time face-to-face trial where the
issues are simple and few. If the issues turn out to be
complex or numerous, suspend the proceedings and
direct the conduct of a regular face-to-face trial in
succeeding settings.
iii.
Adopt an alternate trial when warranted under the
circumstances or upon unanimous agreement of the
parties.
e) In case of a face-to-face trial, the separate date and schedule
for examination of witnesses exempt from face-to-face
examination.
7. Summarize the arrangements for the Order of Trial based on the
discussions during the preliminary conference.
c. Judgment or dismissal [Section 22.9(e)]
1. Determine whether judgment or dismissal of the case is
warranted, such as when there is no genuine issue involved in the
case.
2. If necessary to determine a ground for dismissal of the case, set
the case for reception of evidence relating to dismissal and, if
warranted, dismiss the case.
III.
AFTER THE PRELIMINARY CONFERENCE
a. Final Terms of Reference [Section 22.4(g)]
1. Revise or amend the Terms of Reference as may be warranted
based on the requests made by the parties or to include an
excluded issue for trial.
2. Issue a final Terms of Reference.
b. Order of Trial [Section 22.9(d)(6)]
1. Issue an Order of Trial which shall accurately reflect the matters
agreed upon and taken up during the preliminary conference.
2. Furnish the parties with a copy of the Order of Trial.
c. Judgment or dismissal [Section 22.9(e)]
1. Determine whether judgment or dismissal of the case is
warranted, such as when there is no genuine issue involved in the
case.
2. If necessary to determine a ground for dismissal of the case, set
the case for reception of evidence relating to dismissal and, if
warranted, dismiss the case.
d. Exempt witnesses and proceedings from face-to-face trial [Section 24.10]
1. Regardless of the mode adopted in the Order of Trial, schedule a
separate examination date for a witness who is either: (a) a child
witness; (b) mentally, psychologically, or physically challenged;
(c) under a similar condition which puts such witness at a
disadvantage in a face-to-face confrontation. Examine the other
witnesses not exempt in the usual course of the trial.
2. Do not require the conduct of face-to-face trial and examination
in: (a) special civil actions; (b) special proceedings; and (c) where
there is a perceived danger of uncontrollable passion arising from
deep animosity between the parties.
B. TRIAL OF THE ISSUES
1. BEFORE TRIAL
A. Appearance and postponements
1. Check whether all the parties, their counsels and witnesses, as
listed in the Order of Trial, are present. Do not allow
postponement or rescheduling of trial unless upon motion of a
party on grounds of fortuitous event or serious illness.
2. If a motion for postponement or rescheduling is filed on the
ground of fortuitous event, determine whether the same is
established by the evidence presented by the party in support of
the motion. If the ground turns out to be false, at the court’s
discretion, hold the party or counsel in contempt of court.
[Section 24.14(a)].
3. If the ground for postponement or rescheduling is serious illness,
check if the motion is accompanied by a medical certificate issued
by a physician stating that the illness is of such gravity as to
prevent the counsel or witness from attending the scheduled
hearing. Require the physician to appear before the court or order
another physician, either government employed or retained by
the adverse party, to verify the truth of the certification. . [Section
24.14(b)].
4. If the certification or ground turns out to be false, at the court’s
discretion, hold the party or counsel in contempt of court.
[Section 24.14(c)].
5. Verify the truth of the certification by requiring the appearance of
the physician in court to validate the truth of the certification.
[Section 24.14(b)]
B. Consequences of failure to appear
1. Absent a prior postponement obtained by the party or counsel,
proceed with trial as the absence shall be considered a waiver of
appearance of the party. Examine the witnesses, if present, of the
absent party or counsel in the usual course [Section 24.15].
2. If the witness fails to appear at the scheduled trial, expunge the
judicial affidavit of such witness without prejudice to the adverse
party’s use thereof as a judicial admission if the witness is also a
party.
C. Disqualification of witnesses and/or exclusion of judicial affidavit
1. Resolve any motion to disqualify such witness or to strike out or
exclude the whole or part of his/her judicial affidavit or to
exclude any of the answers found in it or exhibits attached to it on
the ground of inadmissibility [Section 24.4(b) and (c)].
2. Exclude testimonies and exhibits on public policy grounds
without prejudice to allowing the parties to make a tender of such
excluded evidence under the appropriate rule [Section 24.4(c)].
2. TRIAL PROPER
A. Common Rules
1. Require the witnesses during trial of issues to testify either in
English of Filipino, whichever language will allow fair exchanges
[Section 24.17].
2. Resolve any motion for the examination of the witness to be
conducted in the language or dialect known to the witness on the
ground of language difficulty [Section 24.17].
3. Try each factual issue in the sequence provided in the Order of
Trial. Two or more closely related issues may be simultaneously
tried. [Section 24.4(a)].
4. Examine the witnesses to determine the truthfulness of their
judicial affidavits [Section 24.4(d)].
5. Resolve the exception/s or objection/s raised against the
questions propounded by the counsel to the witness as follows
Sections 24.8 and 24.9]:
Type of Objection
FORM, i.e., questions are
argumentative,
leading,
multiple, repetitive, vague,
improper
characterization,
confusing or unfair
SUBSTANCE, i.e., questions are
When made
After question has
been answered
Before witness
Court Action
(1) Note the exceptions or,
(2) strike out the answer
and rephrase the question
Promptly
rule
on
perceived to elicit inadmissible
answers such as, but not limited
to, those relating to right against
self-incrimination,
privileged
communication,
disqualification,
Statute
of
Frauds, rape shield law, bank
secrecy
laws,
Anti-Money
Laundering Act, and other laws
or rules prohibiting disclosure
of information or data
ADMISSIBILITY
under
applicable provisions of the
Rules on Evidence, i.e., best
evidence,
parol
evidence,
conclusion or opinion evidence,
hearsay evidence, irrelevant
evidence or character evidence
answers the questions
exceptions or motions
If answer already
given, counsel may
move to strike out the
answer
After the question has
been answered
Note
exception
and
consider when deciding the
case
B. Court’s Action on the Allowed Motions
1. Motion to admit newly discovered evidence - If evidence is newly
discovered during trial, resolve the motion to admit the newlydiscovered evidence. [Section 24.16].
2. Motion to amend Order of Trial- If new issues arise during the
course of trial, even without amending the pleadings, resolve the
motion to amend the Order of Trial [Section 24.16].
3. Motion for leave for an expert to ask question directed to adverse
party’s expert witness- Resolve the Motion for Leave for an expert
witness to ask questions directed to the adverse party’s expert
witness on any matter covered by the testimony of the latter on
the issue or related issues at hand [Section 24.11].
C. Modes of Trial
1. ALTERNATE TRIAL
a) Presentation of witnesses by the parties.
i.
Order the party who bears the burden of proving the
affirmative of the first issue under consideration to be
the first to present witnesses respecting such issue
[Section 24.5(b)].
ii.
If more than one witness will be presented, order the
parties to present the witnesses successively
respecting such issue. [Section 24.5(b)]
iii.
iv.
v.
vi.
vii.
viii.
ix.
After each witness is presented, be the first to
examine each of the witnesses. [Section 24.5(c)]
After examining each of the witnesses presented,
order the counsel/s to then take turns to conduct the
cross, re-direct and re-cross of the particular witness.
[Section 24.5(c)].
After the court and the counsels have examined all
the witnesses for the particular issue or related issues,
order the counsel for the adverse party to present the
witness/es for that issue [Section 24.5(e)].
After each adverse party witness is presented, be the
first to examine each of the witnesses. [Section
24.5(c)].
After examining each of the witnesses presented by
the adverse party, order the counsel/s to take turns to
conduct the cross, re-direct and re-cross of the
adverse party witness/es. [Section 24.5(c)].
During the examination of the witnesses ensure that it
is entirely focused on the issue/s at hand and not
dwell on matters outside of and totally unrelated to
such issue/s. [Section 24.5(d)].
After all the witnesses from both sides have been
examined respecting the issue or related issues, order
the parties to move on to the next issue or related
issues as appearing in the Order of Trial. [Section
24.5(e)] following the same rules.
b) Memorandum and Oral Arguments
i.
After the examination of all the witnesses of the
contending parties by the court and counsels, and all
the issues as appearing on the Order of Trial have
been heard, order the parties to simultaneously
submit the memorandum or draft decision within
thirty (30) days from the last day of trial. Instruct
parties to include a softcopy of the document in the
format acceptable to the court. [Section 24.13 (a) (1)].
ii.
After the memoranda of the parties have been
submitted, order the counsels to prepare and present
the case for oral argument on such date and time as
the court and parties may agree on [Section 24.13 (a)
(2)].
iii.
iv.
Render a written decision within ninety (90) days
after the oral arguments of the parties. [Section 24.13
(a) (3)]
Wholly or partially adopt or use the memorandum or
draft decision of the winning party for the decision or
prepare your own.
1. REGULAR FACE-TO-FACE TRIAL
a) Ground rules
i Make sure that all the witnesses are present during
the scheduled hearing. [Section 24.6(a)]
ii Ensure that witnesses exempt from face-to-face
examination are not included, i.e., a child witness or a
person who is mentally, psychologically, or
physically challenged or under a similar conditions
that puts such witness in a disadvantage in a face-toface confrontation. Order the Examination of these
exempt witnesses separately on the schedules
indicated in the Order of Trial. [Section 24.10]
iii Order the witnesses to be arranged in such a way that
they sit face-to-face around the table in a nonadversarial environment [Section 24.6(b)].
iv Grant/deny the request for a person to speak and
ensure that only one person at a time shall speak
during trial. [Section 24.6(c)].
v Instruct the witnesses and the parties that the person
who is speaking must identify himself/herself for the
record at all times [Section 24.6(c)].
vi Rule on any objections raised against a witness who
attempts to pose questions to other witnesses relating
to their testimonies. [Section 24.6 (e)]
vii Ensure that witnesses are given equal time and
opportunity to answer questions propounded by the
court and/or the counsels. [Section 24.6 (e)].
b) First phase: Examination by the Court
i All the witnesses from the contending sides shall
appear before the court and shall simultaneously
swear to the truth of their respective testimonies.
[Section 24.6(a)]
ii Examine and question the witnesses from the
contending sides regarding the issue or related issues
at hand in no particular sequence. [Section 24.7 (g)].
iii When the questions are directed to specific witnesses,
grant/deny the request of witnesses to supplement,
clarify or qualify the answers the first witness has
given. [Section 24.7(b)]
iv Ensure that the witnesses are given equal time and
opportunity to reply to the question propounded to
the other party’s witness. [Section 24.7(c)]
c) Second phase: Examination by Counsel
i After the first phase is concluded, counsels from the
contending sides shall cross-examine, re-direct and
re-cross the witnesses based on their judicial
affidavits, the attached exhibits, the answers the
witnesses gave during the court’s first-phase
examination, or their testimonies. This phase is
without prejudice to the court’s further examination
of the witnesses already examined by counsels.
[Section 24.7 (h)]
ii Follow the fixed sequence of examination as
appearing in the Order of Trial, especially where
there are multiple parties involved [Section 24.7 (h)].
iii Ensure that a witness whose testimony is adverse is
examined [Section 24.7 (h)].
iv Adopt the testimony of another party’s witness if
such testimony is favorable [Section 24.7 (h)].
v After counsels have concluded their examination of
witnesses for the previous issue, move for the
examination of the witnesses to be presented for the
next issue or related issues based on the Order of
Trial. Otherwise, adjourn the trial until the next
scheduled trial date appearing on the Order of Trial
[Section 24.7 (i)].
d) Memorandum and Oral Arguments
i After the examination of all the witnesses of the
contending parties by the court and counsels, and all
the issues as appearing on the Order of Trial have
been heard, order the simultaneous submission of the
memorandum or draft decision within thirty (30)
days from the last day of trial. Instruct the parties to
include a softcopy of the document in the format
acceptable to the court. [Section 24.13 (a) (1)].
ii After the memoranda of the parties have been
submitted, schedule a date and time for the parties to
present the case for oral arguments. [Section 24.13 (a)
(2)].
iii Render a decision within ninety (90) days after the
oral arguments of the parties. [Section 24.13 (a) (3)]
2. SIMPLE OR SUMMARY FACE-TO-FACE TRIAL
a) Ground rules
i Make sure that all the witnesses are present during
the scheduled hearing. [Section 24.6(a)]
ii Ensure that witnesses exempt from face-to-face
examination are not included, i.e., a child witness or a
person who is mentally, psychologically, or
physically challenged or under a similar conditions
that puts such witness in a disadvantage in a face-toface confrontation. Order the examination of these
exempt witnesses separately on the schedules
indicated in the Order of Trial. [Section 24.10]
iii Order the witnesses to be arranged in such a way that
they sit face-to-face around the table in a nonadversarial environment [Section 24.6(b)].
iv Grant/deny the request for a person to speak and
ensure that only one person at a time shall speak
during trial. [Section 24.6(c)].
v Instruct the witnesses and the parties that the person
who is speaking must identify himself/herself for the
record at all times [Section 24.6(c)].
vi Rule on any objections raised against a witness who
attempts to pose questions to other witnesses relating
to their testimonies. [Section 24.6 (e)].
vii Ensure that witnesses are given equal time and
opportunity to answer questions propounded by the
court and/or the counsels. [Section 24.6 (e)].
viii Conduct the trial in one setting. [Section 24.12].
b) First phase: Examination by the Court
i All the witnesses from the contending sides shall
appear and shall simultaneously swear to the truth of
their respective testimonies. [Section 24.6(a)]
ii Examine and question the witnesses from the
contending sides regarding the issue or related issues
at hand in no particular sequence. [Section 24.7 (g)].
iii When the questions are directed to specific witnesses,
grant/deny the request of witnesses to supplement,
clarify or qualify the answers the first witness has
given. [Section 24.7(b)]
iv Ensure that the witnesses are given equal time and
opportunity to reply to the question propounded to
the other party’s witness. [Section 24.7(c)]
c) Second phase: Examination by Counsel
i After the first phase is concluded, counsels from the
contending sides shall cross-examine, re-direct and
re-cross the witnesses based on their judicial
affidavits, the attached exhibits, the answers the
witnesses gave during the court’s first-phase
examination, or their testimonies. This phase is
without prejudice to the court’s further examination
of the witnesses already examined by counsels.
[Section 24.7 (h)]
ii Follow the fixed sequence of examination as
appearing in the Order of Trial, especially where
there are multiple parties involved [Section 24.7 (h)].
iii Ensure that a witness whose testimony is adverse is
examined [Section 24.7 (h)].
iv Adopt the testimony of another party’s witness if
such testimony is favorable [Section 24.7 (h)].
v After counsels have concluded their examination of
witnesses for the previous issue, move for the
examination of the witnesses to be presented for the
next issue or related issues based on the Order of
Trial. Otherwise, adjourn the trial until the next
scheduled trial date appearing on the Order of Trial
[Section 24.7 (i)].
d) Oral arguments, oral judgment and memorandum or draft
decision
i After the examination of all the witnesses, order the
parties to present a brief oral argument, upon the
discretion of the court. [Section 24.13 (b) (1)].
ii Order the parties or their counsels to sign the minutes
of the proceedings containing the oral judgment as
evidence of notification. [Section 24.13 (b) (2)].
iii Order the winning party to submit within thirty (30)
days from the oral judgment, a memorandum or draft
decision based on the oral judgment rendered.
Instruct the winning party to include a softcopy of the
document in a format acceptable to the court. [Section
24.13 (b) (3)].
iv In place of oral argument, order the parties to submit
the memorandum or draft decision within thirty (30)
days from the last day of trial. Instruct the parties to
include a softcopy of the document in a format
acceptable to the court. [Section 24.13 (b) (4)].
iv Render decision within sixty (60) days after the oral
arguments of the parties, if any, or from the date the
trial ended. [Section 24.13 (b) (5)]
III. AFTER TRIAL
1. Decision
a) In case of an alternate or regular face-to-face trial, render a written
decision within ninety (90) days after hearing the parties on their oral
argument. Prepare the written decision which may wholly or partially
adopt or use the memorandum or draft decision of the winning party.
b) In case of a simple or summary face-to-face trial, promulgate a written
decision within sixty (60) days from the oral judgment, if any, or from the
date the face-to-face trial ended. The court may adopt a party’s
memorandum or draft decision.
2. Appeal
a) In case an appeal is filed, the period to appeal shall be reckoned from the
date of receipt of the written decision by the appealing party.
SAMPLE CASE
Company A, a construction company, entered into supply contract with Company B as supplier. One of
the terms of the contract is for Company B to supply 100 pcs. of Narra wood panels to be used as flooring
in Company’s A projects. One of the requisites for the perfection of the contract is for Company B to
provide a Narra wood panel sample to Company A. Company B presented Narra wood panel class 3 to
Company A which the latter approved.
Company A is now suing Company B for breach of contract with damages for failure to provide the
Narra wood panels to Company A in accordance with the terms of the contract. In its Answer, Company
B argued that it complied with the terms of the contract because it delivered Narra wood panels. Its
failure to deliver the Narra wood panel class 3 to Company A was due to a log ban imposed by the
government which constitutes a fortuitous event. Company B argued that the wood panel it provided is
Narra wood class 4 which substantially complies with its obligation under the contract.
During preliminary conference, the issues were identified as follows:
(a) Whether or not Company B breached its obligation under the supply contract to
supply Narra wood panels to Company A;
(b) Whether or not the log ban is considered a fortuitous event; and
(c) Whether or not Company B is liable for damages to Company A.
CASE ILLUSTRATION FOR FACE-TO-FACE TRIAL
A. Trial on the first issue of “whether or not Company B breached its obligation under the
supply contract to supply Narra wood panels to Company A”
1. The first-phase of examination
2. The second-phase of examination
B. Trial on the second issue of “whether or not the log ban is considered a fortuitous event”
a. First phase examination
b. Second phase examination
C. Trial on the third issue of “whether Company B is liable for damages to Company A”
a. First phase examination
b. Second phase examination
CASE ILLUSTRATION FOR ALTERNATE TRIAL
A. Trial on the first issue
a. Presentation by Company A of its witnesses and evidence
THE JUDGE SHALL FIRST EXAMINE THE WITNESSES OF COMPANY A.
JUDGE: Witness A-1, were the panels delivered to you
by Company B the same kind, color, quality as the
sample they presented?
A-1: No, it was different – lighter in weight and
color. [showing sample versus actual panel
delivered]
JUDGE: Witness A-2, were you also shown a sample of
the Narra wood panel by Company B?
A-2: I was not shown
a sample, your honor.
AFTER THE JUDGE IS DONE EXAMINING THE WITNESS, COUNSELS WILL
CONDUCT CROSS-, RE-DIRECT-, AND RE-CROSS- EXAMINATION.
Witness A-1, can you describe the
Narra that was delivered by
Company B?
JUDGE
Company B
Counsel
Stenographer
b. Presentation by Company B of its witnesses and evidence
THE JUDGE SHALL FIRST EXAMINE THE WITNESSES OF COMPANY A.
JUDGE: Witness B-1, were there any other samples of
Narra available to Company B?
B-1: We had a few other samples of other Narra,
your honor.
JUDGE: Witness B-2, did you show the other
samples to Company A?
B-2: No, your honor.
Just the Class 3.
AFTER THE JUDGE IS DONE EXAMINING THE WITNESS, COUNSELS WILL
CONDUCT CROSS-, RE-DIRECT-, AND RE-CROSS- EXAMINATION.
Witness B-2, why did you show only
Class 3 as your sample of Narra
wood panels?
JUDGE
Company B
Counsel
Witness B-1
Witness B-2
Stenographer
B. After the examination of the witnesses of the contending parties has terminated, trial
will proceed to the subsequent issues (Second, Third) as appearing in the Order of
Trial.