Civil Case
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Criminal Case
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| When is it set? It is set when the plaintiff moves ex parte to set the case for pre-trial. |
It is ordered by the court and no motion to set the case for pre-trial is required from either the prosecution or the defense. |
| When is pre-trial set? The motion to set case for pre-trial is made after the last pleading has been served and filed. |
The pre-trial is ordered by the court after arraignment and within 30 days from the date the court acquires jurisdiction over the person of the accused. |
| What are possible considerations? It considers the possibility of an amicable settlement as an important objective. |
It does not include the considering of the possibility of amicable settlement of criminal liability as one of its purposes. |
Can agreements and admissions be used against either or both of the parties? The agreements and admissions made in the pretrial are not required to be signed by both the parties and their counsels. They are to be contained in the record of pre-trial and the pre-trial order. However, A.M. No. 03-1-09 SC dated July 13, 2004 now requires the proceedings during the preliminary conference to be recorded in the “Minutes of Preliminary Conference” to be signed by both parties and/or counsel. The rule allows either the party or his counsel to sign the minutes. |
There is a stricter procedure required. All agreements or admissions made or entered during the pretrial conference shall be reduced in writing and signed by both the accused and counsel; otherwise, they cannot be used against the accused. |
Are there sanctions for non-appearance? The sanctions for non-appearance in a pre-trial are imposed upon the plaintiff and the defendant in a civil case. |
The sanctions are imposed upon the counsel for the accused or the prosecutor. |
Is a pre-trial brief required? A pre-trial brief is required to be submitted. |
Pre-trial brief is not required to be submitted. |
