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MANUAL FOR LAWYERS AND PARTIES
Rules 22 and 24
Revised Rules of Civil Procedure
(Pursuant to A.M. 14-03-02-SC, March 8, 2014)

RULE 22: PRELIMINARY CONFERENCE

I. BEFORE THE PRELIMINARY CONFERENCE

A. Pleadings, motions and modes of discovery 1. Ensure that you have filed all the necessary pleadings in support of your cause of action. 2. Avail of the various modes of discovery under Rules 27 to 31 of the Revised Rules of Civil Procedure [Section 22.3]. 3. When discovery procedures are availed of, submit material portions 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 start of the discovery process [Section 22.3].

B. Judicial Dispute Resolution (“JDR”) 4. Exert efforts to settle the dispute amicably [Section 22.1(a)]. 5. If there is failure of JDR, discuss with the other party or counsel whether you intend the JDR judge to retain the case and preside over further proceedings [Section 22.2]. 6. File a joint written motion or manifestation requesting the court to retain the case, if mutually agreed upon by the parties [Section 22.2].

C. Judicial Affidavits 7. Request for the issuance of a subpoena ad testificandum or duces tecum if your intended witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or provide the relevant documentary and/or object evidence [Section 22.2(d)]. 8. If the court issues a subpoena as requested, personally serve the subpoena upon the intended witness and bear the cost of the expenses of the witness in appearing before the lawyer who will prepare or supervise the preparation of the judicial affidavit [Section 22.2(d)].…...

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