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.