Pre-Trial Script
Pre-Trial Script
Barker: All rise, the Honorable Sixto Estudillo presiding. [The judge bangs the gavel
thrice.]
Clerk of Court: No. 1 in the calendar your Honor is the case of Vladimir Putin
Serafin v. Kim Jun Longcop for Recovery of Possession:
Atty. Victor: For the plaintiff, your Honor, ready for Pre-Trial.
The court notes that both parties had submitted their respective pre-trial briefs
The court then asks for the possibility of amicable settlement, submission of compromise
agreement
J. Estudillo: Atty Victor, may you state your theory of the partys claim?
J. Estudillo: Atty Melvic, please state your theory of the defendants case.
(In this instance, we shall decide what facts must be admitted as part of the play,
including conditions precedent, prior repeated demand, jurisdictional facts, etc.)
Example:
Atty. Victor: Your Honor, as stated in our pre-trial brief, we request the following stipulations:
Atty. Victor: 2) That a demand letter was sent and received by the Defendant on ___________
as shown in a copy of that demand letter with proof of receipt via registered mail attached to the
demand letter.
Atty. Victor: 3) That despite receipt of that demand letter the defendant refused to vacate the
property in issue.
Atty. Victor: That will be all for the plaintiff, your Honor.
1) That the property has not been offered for sale to the defendant who has the
right of first refusal.
Atty. Melvic; 2) That the defendant is able and willing to purchase the property in question at a
reasonable price.
Atty. Melvic: That will be all for the defendant, your Honor.
Atty Victor: Your honor, as stated in our pre-trial brief, here are my factual issues:
Atty Victor recites the factual issues and provides evidence to support
J. Estudillo: Alright, please pick your available dates for the marking of your respective
documentary exhibits before the Branch Clerk of Court.
Atty. Victor: May we have October 20, 2017 at 1:30 p.m., your Honor.
- On marking of evidence.
J. Estudillo: Atty. Victor, do you tend to adopt the evidence as part of your case?
Atty. Victor: Yes your honor we adopt the evidence as part of our case and request
that it be marked as exhibit 5 for the plaintiff.
- On admission of facts:
Atty Victor: Your honor we admit and stipulate that the Foreshore lease was duly issued
and executed in accordance with law and that it is genuine.
Judge E: Atty. Melvic do you submit to the due execution and genuineness of the
foreshore lease agreement?
Atty Melvic: Yes your honor, we submit to the genuineness and due execution but not
to the contents of said document.