Trial Procedures and Conditions Quiz

Trial Procedures

• Trial is the judicial process of examining and deciding issues between parties.
• Evidence from both sides forms the basis for the judgment.
• Hearing is a broader term encompassing all stages of litigation, including pre-trial, motions, and evidence presentation.
• Trial is necessary when the defendant's claims contradict the initial allegations.
• Trial is not needed if the defendant's response (answer) does not present a dispute.

Specific Trial Conditions

• No issue in the answer: Court can make judgment from the pleadings (Rule 34).
• No genuine issue: Summary judgment can be made (Rule 35).
• Settlement: Parties can agree on a compromise (Rule 18, section 1 and Article 2028).
• Dismissed complaint: Complainant's case can be dismissed by the court (Rule 17 section 3).
• Summary procedure: Specific rules for certain cases.
• Agreed facts: Parties can agree on facts and move for judgment based on those (Rule 30, Section 7).

Pre-Trial and Evidence Presentation

• Parties must adhere to scheduled pre-trial procedures.
• Plaintiff's evidence presentation begins 30 days after pre-trial (and within 90 days including dispute resolution if need be).
• Defendant's evidence presentation begins 30 days after the court rules on plaintiff's offered evidence (within 90 days).
• 3rd party, counterclaims, and cross-claims have specific presentation timelines determined by the court (all within 90 days).
• Rebuttals can be presented within 30 days.
• Trial dates can be adjusted depending on the number of witnesses.
• Evidence presentation deadlines: 10 months or 300 days total (excluding 3rd party, counterclaim, or cross-claims), 6 months or 180 days if without these claims.
• Court must issue the decision within 90 days of submission.

Trial Court Procedures

• Daily trial sessions are set for specific hours (8:30 am to noon and 2:00 pm to 4:30 pm).
• Morning session is dedicated for trial proceedings.
• Afternoon sessions can handle pre-trial conferences, decision-making, or continued trial proceedings.
• Generally, no more than 4 cases are scheduled per day for trial, unless otherwise required.
• Adjournment can be granted on a daily basis for efficiency.
• Trial must adjourn no longer than 1 month per instance, without exceeding 3 months total, except with specific approval from the court administration.
• Justification for postponement requests is essential.

Additional Rules

• Offers of evidence and objections must be presented orally.
• Testimonial evidence is presented by the witness before the witness's testimony.
• Documentary evidence is offered after presentation of all testimonials.
• Court clerks have no authority to rule on objections in court but must record objections and make it available to the relevant court within 10 days.

Test your knowledge on the processes and specific conditions of trial procedures. This quiz covers key rules regarding judgment, evidence presentation, and conditions under which trials may not be necessary. Perfect for law students or anyone interested in understanding the judicial process.