Pre-trial is a mandatory stage in civil cases, conducted after the last responsive pleading has been served and filed, and it is one of the most consequential parts of litigation because much of the case is shaped there. The court, in the pre-trial, considers: the possibility of an amicable settlement or a submission to alternative modes of dispute resolution; the simplification of the issues; the necessity or desirability of amendments to the pleadings; the possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof; the limitation of the number and identification of witnesses and the setting of trial dates; the advisability of a preliminary reference of issues to a commissioner; the propriety of rendering judgment on the pleadings or summary judgment, or of dismissing the action; and such other matters as may aid in the prompt disposition of the action. The parties must file and serve a pre-trial brief containing the required contents, including a statement of their willingness to settle, a summary of admitted facts and proposed stipulations, the issues to be tried, the documents or exhibits to be presented (with markings), and the names and testimonies of witnesses. The consequences of non-compliance are severe and are the reason pre-trial is taken seriously: the failure of the plaintiff to appear at pre-trial without valid cause is a ground for the dismissal of the action with prejudice, while the failure of the defendant to appear allows the plaintiff to present evidence ex parte and the court to render judgment on the basis thereof; and the failure to file a pre-trial brief has the same effect as failure to appear. Moreover, evidence and witnesses not identified or marked at pre-trial may generally not be presented at trial, except for good cause. After pre-trial, the court issues a pre-trial order that defines and controls the subsequent course of the action. So pre-trial is a mandatory, decisive stage that narrows issues, marks evidence, explores settlement, and binds the parties through the pre-trial order.
A Mandatory, Decisive Stage
Pre-trial is mandatory in civil cases, held after the last responsive pleading, and it shapes much of the case.
What the Court Considers
- Amicable settlement or referral to ADR;
- Simplification of issues and amendments;
- Stipulations and admissions of facts and documents;
- Limiting and identifying witnesses and marking exhibits; and
- Judgment on the pleadings, summary judgment, or dismissal.
The Brief, and the Consequences
Parties must file a pre-trial brief. Plaintiff's failure to appear (or file the brief) is a ground for dismissal with prejudice; defendant's failure lets the plaintiff present evidence ex parte. Evidence not marked at pre-trial generally cannot be presented. The pre-trial order controls the rest of the case.
Practical Takeaways
- Pre-trial is mandatory and shapes the case;
- File the brief and appear — failure can dismiss your case;
- Mark all evidence at pre-trial or lose the right to present it.
Frequently Asked Questions
Is pre-trial mandatory in civil cases? Yes. Pre-trial is a mandatory stage conducted after the last responsive pleading has been served and filed, and it is one of the most consequential parts of civil litigation.
What happens at pre-trial? The court considers amicable settlement or ADR, simplification of issues, amendments, stipulations and admissions, the limitation and identification of witnesses and marking of exhibits, and the propriety of judgment on the pleadings or summary judgment.
What happens if I fail to appear at pre-trial? If the plaintiff fails to appear without valid cause, the action may be dismissed with prejudice. If the defendant fails to appear, the plaintiff may present evidence ex parte and the court may render judgment on that basis.
Can I present evidence not marked at pre-trial? Generally no. Evidence and witnesses not identified or marked at pre-trial may not be presented at trial, except for good cause shown, which is why the pre-trial brief and markings are critical.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.