rule 29 to 30

RULE 29
REFUSAL TO COMPLY WITH MODES OF DISCOVERY
Section 1. Refusal to answer. — [No amendment]
Section 2. Contempt of court. — [No amendment]
Section 3. Other consequences. — If any party or an officer or managing agent of a party

refuses to obey an order made under Section 1 of this Rule requiring him or her to answer
designated questions, or an order under Rule 27 to produce any document or other thing for
inspection, copying, or photographing or to permit it to be done, or to permit entry upon land
or other property, or an order made under Rule 28 requiring him or her to submit to a physical
or mental examination, the court may make such orders in regard to the refusal as are just,
and among others the following:
(a) [No amendment];
(b) An order refusing to allow the disobedient party to support or oppose designated claims
or defenses or prohibiting him or her from introducing in evidence designated documents or
things or items of testimony, or from introducing evidence of physical or mental condition;
(c) [No amendment];
(d) [No amendment]
Section 4. Expenses on refusal to admit. — If a party after being served with a request under
Rule 26 to admit the genuineness of any document or the truth of any matter of fact, serves a
sworn denial thereof and if the party requesting the admissions thereafter proves the
genuineness of such document or the truth of any such matter of fact, he or she may apply to
the court for an order requiring the other party to pay him or her the reasonable expenses
incurred in making such proof, including reasonable attorney's fees. Unless the court finds
that there were good reasons for the denial or that admissions sought were of no substantial
importance, such order shall be issued.
Section 5. Failure of party to attend or serve answers. — If a party or an officer or managing

agent of a party wilfully fails to appear before the officer who is to take his or her deposition,
after being served with a proper notice, or fails to serve answers to interrogatories submitted
under Rule 25 after proper service of such interrogatories, the court on motion and notice,
may strike out all or any part of any pleading of that party, or dismiss the action or
proceeding or any part thereof, or enter a judgment by default against that party, and in its
discretion, order him or her to pay reasonable expenses incurred by the other, including
attorney's fees.
Section 6. Expenses against the Republic of the Philippines. — [No amendment]
RULE 30
TRIAL
Section 1. Schedule of trial. — The parties shall strictly observe the scheduled hearings as
agreed upon and set forth in the pre-trial order.
(a) The schedule of the trial dates, for both plaintiff and defendant, shall be continuous and
within the following periods:
i. The initial presentation of plaintiff s evidence shall be set not later than thirty (30) calendar
days after the termination of the pre-trial conference. Plaintiff shall be allowed to present its
evidence within a period of three (3) months or ninety (90) calendar days which shall include
the date of the judicial dispute resolution, if necessary;
ii. The initial presentation of defendant's evidence shall be set not later than thirty (30)
calendar days after the court's ruling on plaintiffs formal offer of evidence. The defendant
shall be allowed to present its evidence within a period of three (3) months or ninety (90)
calendar days;
iii. The period for the presentation of evidence on the third (fourth, etc.)-party claim,
counterclaim or cross-claim shall be determined by the court, the total of which shall in no
case exceed ninety (90) calendar days; and
iv. If deemed necessary, the court shall set the presentation of the parties' respective rebuttal
evidence, which shall be completed within a period of thirty (30) calendar days.
(b) The trial dates may be shortened depending on the number of witnesses to be presented,
provided that the presentation of evidence of all parties shall be terminated within a period
often (10) months or three hundred (300) calendar days. If there are no third (fourth,
etc.)-party claim, counterclaim or cross-claim, the presentation of evidence shall be
terminated within a period of six (6) months or one hundred eighty (180) calendar days.
(c) The court shall decide and serve copies of its decision to the parties within a period not
exceeding ninety (90) calendar days from the submission of the case for resolution, with or
without memoranda.
Section 2. Adjournments and postponements. — A court may adjourn a trial from day to day,
and to any stated time, as the expeditious and convenient transaction of business may
require, but shall have no power to adjourn a trial for a longer period than one month for each
adjournment, nor more than three months in all, except when authorized in writing by the
Court Administrator, Supreme Court.
The party who caused the postponement is warned that the presentation of its evidence must
still be terminated on the remaining dates previously agreed upon.
[Section 3. Requisites of motion to postpone trial for absence of evidence. — Deleted]
Section 3. Requisites of motion to postpone trial for illness of party or counsel. — A motion
to postpone a trial on the ground of illness of a party or counsel may be granted if it appears
upon affidavit or sworn certification that the presence of such party or counsel at the trial is
indispensable and that the character of his or her illness is such as to render his or her
non-attendance excusable. (4)
Section 4. Hearing days and calendar call. — Trial shall be held from Monday to Thursday,
and courts shall call the cases at exactly 8:30 a.m. and 2:00 p.m.. pursuant to Administrative
Circular No. 3-99. Hearing on motions shall be held on Fridays, pursuant to Section 8, Rule
15.
All courts shall ensure the posting of their court calendars outside their courtrooms at least
one (1) day before the scheduled hearings, pursuant to OCA Circular No. 250-2015. (n)
Section 5. Order of trial. — Subject to the provisions of Section 2 of Rule 31, and unless the
court for special reasons otherwise directs, the trial shall be limited to the issues stated in
the pre-trial order and shall proceed as follows:
(a) The plaintiff shall adduce evidence in support of his or her complaint;
(b) The defendant shall then adduce evidence in support of his or her defense, counterclaim,
cross-claim and third-party complaint;
(c) The third-party defendant, if any, shall adduce evidence of his or her defense,
counterclaim, cross-claim and fourth-party complaint;
(d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded
by them;
(e) The parties against whom any counterclaim or cross-claim has been pleaded, shall
adduce evidence in support of their defense, in the order to be prescribed by the court;
(f) The parties may then respectively adduce rebutting evidence only, unless the court, for
good reasons and in the furtherance of justice, permits them to adduce evidence upon their
original case; and
(g) Upon admission of the evidence, the case shall be deemed submitted for decision, unless
the court directs the parties to argue or to submit their respective memoranda or any further
pleadings.
If several defendants or third-party defendants, and so forth, having separate defenses

appear by different counsel, the court shall determine the relative order of presentation of
their evidence.
Section 6. Oral offer of exhibits. — The offer of evidence, the comment or objection thereto,
and the court ruling shall be made orally in accordance with Sections 35 to 40 of Rule 132. (n)
Section 7. Agreed statement of facts. — The parties to any action may agree, in writing, upon
the facts involved in the litigation, and submit the case for judgment on the facts agreed
upon, without the introduction of evidence.
If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed
facts in such order as the court shall prescribe. (6)
[Section 7. Statement of judge. — Deleted]

Section 8. Suspension of actions. — The suspension of actions shall be governed by the
provisions of the Civil Code and other laws.
Section 9. Judge to receive evidence; delegation to clerk of court. — The judge of the court
where the case is pending shall personally receive the evidence to be adduced by the parties.
However, in default or ex parte hearings, and in any case where the parties agree in writing,
the court may delegate the reception of evidence to its clerk of court who is a member of the
bar. The clerk of court shall have no power to rule on objections to any question or to the
admission of exhibits, which objections shall be resolved by the court upon submission of
his or her report and the transcripts within ten (10) calendar days from termination of the
hearing.

rule 29 to 30

Uploaded by

Copyright:

Available Formats

rule 29 to 30

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

rule 29 to 30

Uploaded by

Copyright:

Available Formats

RULE 29

REFUSAL TO COMPLY WITH MODES OF DISCOVERY

Section 1. Refusal to answer. — [No amendment]

Section 2. Contempt of court. — [No amendment]

Section 3. Other consequences. — If any party or an officer or managing agent of a party

(a) [No amendment];

(c) [No amendment];

(d) [No amendment]

Section 5. Failure of party to attend or serve answers. — If a party or an officer or managing

Section 6. Expenses against the Republic of the Philippines. — [No amendment]

[Section 3. Requisites of motion to postpone trial for absence of evidence. — Deleted]

If several defendants or third-party defendants, and so forth, having separate defenses

[Section 7. Statement of judge. — Deleted]

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.