MANUAL FOR JUDGESMANUAL FOR JUDGESRules 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 discovery1. 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 Affidavits1. Act on and resolve a request for issuance of subpoena ad

testificandum or duces tecum filed by a party [Section 22.2(d)].

1 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 pilot-courts.

2 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 Conference1. 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 counsel1. 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 up1. 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-to-face trial, determine whether it will be a simple or summary face-to-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 affidavit1. 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 Rules1. 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 When made Court ActionFORM, i.e., questions are argumentative, leading, multiple, repetitive, vague, improper characterization, confusing or unfair

After question has been answered

(1) Note the exceptions or, (2) strike out the answer and rephrase the question

SUBSTANCE, i.e., questions are 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

Before witness answers the questions

If answer already given, counsel may move to strike out

the answer

Promptly rule on exceptions or motions

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

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 newly-discovered 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 TRIALa) 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. After each witness is presented, be the first to examine each of the witnesses. [Section 24.5(c)]

iv. 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)].

v. 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)].

vi. After each adverse party witness is presented, be the first to examine each of the witnesses. [Section 24.5(c)].

vii. 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)].

viii. 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)].

ix. 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 Argumentsi. 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. Render a written decision within ninety (90) days after the oral arguments of the parties. [Section 24.13 (a) (3)]

iv. 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-to-face 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 non-adversarial 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 Courti 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 Counseli 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 Argumentsi 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-to-face 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 non-adversarial 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)].

viiiConduct the trial in one setting. [Section 24.12].

b) First phase: Examination by the Courti 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. Decisiona) 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

JUDGE

St en og ra ph er

Illustration of Face-to-Face Trial

JUDGE

Sten

ogra

pher

No, it was different – lighter in weight and color. [showing sample versus actual panel delivered]

JUDGE

Sten

ogr

aph

er

Witness B, is that true? Was the sample shown different that what Company B delivered? JUD

GE

Sten

ogr

aph

er

Here’s a certification we obtained from the Bureau of Forrestry of the different classes of Narra. So Class 4 Narra is still Narra.

JUDGE

Sten

ogr

aph

er

Yes, but there was a log ban at that time so we couldn’t deliver Class 3 Narra. Instead, we delivered Class 4.

JUDGE

Sten

ogr

aph

er

But we were shown Class 3 Narra. Class 4 Narra wood panels are cheaper.

2. The second-phase of examination

JUDGE

Sten

ogr

aph

er

Witness A-1 and B-1, both of you can stop now. The issue has been clarified. As I understand, Company B delivered Class 4 Narra because of the log ban. This Class 4 Narra is different from the samples shown to Company A, which were Class 3 Narra wood panels.

JUDGE

Sten

ogr

aph

er

Counsels, you may proceed with your examination of the witnesses. Per the Order of Trial, Company B’s counsel will conduct his cross-examination, to be followed by re-direct examination by counsel for Company A. I will ask additional questions if necessary.

JUDGE

Sten

ogr

aph

er

Witness A-1, does the Supply Contract stated that the Narra wood panels to be supplied should be Class 3?

JUDGE

Sten

ogr

aph

er

Objection your honor. That question is inadmissible under the Best Evidence Rule.

JUDGE

Sten

ogr

aph

er

The Supply Contract states that Company B will supply Narra wood panels.

JUDGE

Sten

ogr

aph

er

The objection is noted. I will consider that objection in deciding this case.

JUDGE

Sten

ogr

aph

er

Witness A-1, when you ordered Narra from Company B, did you specify the kind or class you needed?

After Counsel’s (Company B) cross-examination… JUD

GE

Sten

ogr

aph

er

Witness A-1, were you able to use the Narra supplied by Company B under the supply contract?

After Counsel’s (Company A) re-direct-examination…

JUDGE

Sten

ogr

aph

er

Witness B-1, was the sample you showed to Company A the only sample of Narra wood panel available?

The cross, re-direct, and re-cross examination will continue with Witness B-1. At any time, the Judge may ask additional questions to the witnesses.

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

JUD

GE

Sten

ogra

pher

Witness B-2, you certified that there is a log ban preventing Company B from delivering Narra Class 3. Who declared the log ban?

When all the witnesses have been examined on the first issue, trial shall move on to the second issue in the Order of Trial.

JUD

GE

Sten

ogra

pher

Witness B-2, what was the period of the log ban you mentioned in your certification?

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

JUDGE

Sten

ogr

aph

erWitness A-1, what happened to the Narra Class 4 delivered by Company B to Company A?

When all the witnesses have been examined on the second issue, trial shall move on to the third issue in the Order of Trial.

JUD

GE

Sten

ogr

aph

er

Witness B-1, how many pieces of Class 4 wood panel were actually installed?

The cross, re-direct, and re-cross examination will proceed. At any time, the Judge may ask additional questions to the witnesses.

Just a minute, counsel, so Company A used the Class 4 Narra delivered by Company B?

CASE ILLUSTRATION FOR ALTERNATE TRIAL

A. Trial on the first issue

a. Presentation by Company A of its witnesses and evidence

b. Presentation by Company B of its witnesses and evidence

JUDGE

COMPANY B’S

COUNSEL

COMPANY B

Illustration of Alternate Trial

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.