When does a trial begin?

Presentation of evidence (pre-trial),

establishing facts
Not every trial will result in a judgment
Trial Technique
Object of trial resolution of dispute
Starting point of trial meeting, call from client, very first exposure to
case
1. meet client (get complete story from pov of client, demeanor,
truthfulness)
giving advice=practice of law (attorney-client relationship)
2. take notes of important facts while client narrates and assess
whether there is a violation of right, damage, cause of action
-must have evidence to support it, search for evidence
-potential list of witnesses from narration
3. give client a timeline. (need to check if you have enough evidence)
4. arrange fee
after meeting
1. duty to write letter/email to client about what was discussed in
meeting. Reminders.
In the meantime, research
1. present options to client/render legal opinon, legal memo- advise
client which option is most advisable, but also give assessment of
other two
is it worth pursuing? What are merits of the case?
-do not commit if you know you have no chance of winning
-client makes decision in end, unless illegal
2. demand letter- I am representative
-relationship of two from which issue arose (brief facts)
-demand specific amount and specific date
-failure to pay, consequence
-important: proof of receipt
if recipient refuses to sign
3. documents: pleading, evidence, formal requisites (certification,
verification
-absence of certification of non-forum shopping, dismissed
-if defective, can be cured
-atty roll number, ibp, mcle, pdr
4. when case filed in court, think of defenses that will be raised by
adverse party
-learn more about the court
5. prepare for mediation
-cons: time spent, cost, lawyers fees, transpo

5. Pre-trial brief, Trial-brief

-prepare pre-trial brief after reading answer of adverse party-then you
can detect issues. Check their admissions etc
-detect what triable issues are
Triable brief
-putting all admitted facts and disputed facts
admissions no need to proved
disputed facts proof evidence
POST MIDTERMS
Trial brief gives entire picture, take other sides points to prepare to
counter act evidence that will be presented by other group
-parties
-facts to
undisputed facts vs controversial facts
first column facts
second won disputed or undisputed
one column for my evidence, other column for adverse partys
evidence contradicts your argument (documentary, testimonial
evidence)
potentially damaging to client to prevent surprise and to prepare (to
make it not look important)
*in pre-trial youre presenting your position, issues, and facts from ur
pov
formulate issues not in isolation of case of adversary or else judge
might overrule position factual issues first before legal issues
good litigator should always look on both sides not only on your case,
from day 1 plots every step vis a vis adversary partys case
legal issue
first column what is your position has prescription set in with legal
basis, the law, decisions, jurisprudence to support include all your
ammunition
date of filing in court
next column adverse partys position
after every column youre ticking a box meaning it has been done, the
column is comlete systematic and to make sure you wont miss
anything, presenting to court step by step
correlate evidence with facts established

documentary, testimonial evidence, witness column should show

what witness will prove as guide, can be bullet points
compare yours with adverse party and you can see if in your favor
letters between h and w, spouses and a child that this may be
objected to
- should have a fallback, alternative if for example witness
hesitant (picture will have a whole, should be ready for all
eventualities)
- -put fallback witnesses also in brief but doesnt mean have to
present all of them
- -if already sufficiently by first two witnesses and advers party
actually strengthened your position
- quality not quantity when it comes to evidence
witness first presented should be the one who can give whole picture
of story
should have a witness to ground judge, not necessarily the strongest
-next; logical developments, in chronological order, how the story
developed how to present facts and witnesses
should also think of what methods to use method of presenting
witness
trial brief not complete withut
getting favorable decision not complete until you get what you want
execution to literally recover, favorable judgment not enough
Reliefs prayer for
What should appear in column beside relief facts why can avail of the
relief, elements provided by law must be satisfied
Attorneys fees
To prevent a loss, rebuttal first opportunity to bring it back to same
equipoise
Rebuttal should be part of trial brief
Rebuttal testimony that would nt have been given durinf firsttestimony
To present witness again, Omission if did not take opportunity to say it
during first time
Must relate to matters during defense that you never touched on