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When does a trial begin? Presentation of evidence (pre-trial),establishing factsNot every trial will result in a judgment

rial echni!ue

"bject of trial # resolution of dispute$tarting point of trial # meeting, call from client, very %rst e&posure tocase' meet client (get complete story from pov of client, demeanor,truthfulness)giving advicepractice of law (attorney-client relationship)* ta+e notes of important facts while client narrates and assesswhether 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 give client a timeline (need to chec+ if you have enough evidence)

arrange feeafter meeting

' duty to write letter.email to client about what was discussed inmeeting /eminders

0n the meantime, research

' present options to client.render legal opinon, legal memo- adviseclient which option is most advisable, but also give assessment ofother twois it worth pursuing? What are merits of the case?-do not commit if you +now you have no chance of winning

-client ma+es decision in end, unless illegal* demand letter- 0 am representative-relationship of two from which issue arose (brief facts)-demand speci%c amount and speci%c date-failure to pay, conse!uence-important1 proof of receiptif recipient refuses to sign

documents1 pleading, evidence, formal re!uisites (certi%cation,veri%cation-absence of certi%cation of non-forum shopping, dismissed

-if defective, can be cured-atty roll number, ibp, mcle, pdr

when case %led in court, thin+ of defenses that will be raised byadverse party-learn more about the court2 prepare for mediation-cons1 time spent, cost, lawyers fees, transpo

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2 Pre-trial brief, rial-brief-prepare pre-trial brief after reading answer of adverse party-then youcan detect issues 3hec+ their admissions etc-detect what triable issues are

riable brief-putting all admitted facts and disputed factsadmissions no need to proveddisputed facts # proof # evidence

P"$ 4056/4$

rial brief # gives entire picture, ta+e other side7s points to prepare tocounter act evidence that will be presented by other group-parties

-facts toundisputed facts vs controversial facts%rst column factssecond won disputed or undisputedone column for my evidence, other column for adverse party7sevidence # contradicts your argument (documentary, testimonialevidence)potentially damaging to client to prevent surprise and to prepare (toma+e it not loo+ important)8in pre-trial youre presenting your position, issues, and facts from urpov

formulate issues not in isolation of case of adversary or else judgemight overrule position # factual issues %rst before legal issuesgood litigator should always loo+ on both sides not only on your case,from day ' plots every step vis a vis adversary party7s case

legal issue%rst column what is your position has prescription set in # with legalbasis, the law, decisions, jurisprudence to support # include all yourammunitiondate of %ling in court

ne&t column adverse party7s position

after every column youre tic+ing a bo& meaning it has been done, thecolumn is comlete # systematic and to ma+e sure you wont missanything, presenting to court step by step

correlate evidence with facts established

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documentary, testimonial evidence, witness # column should showwhat witness will prove as guide, can be bullet pointscompare 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 fallbac+, alternative if for e&ample witnesshesitant (picture will have a whole, should be ready for alleventualities)

- -put fallbac+ witnesses also in brief but doesn7t mean have topresent all of them

- -if already su9ciently by %rst two witnesses and advers partyactually strengthened your position

- !uality not !uantity when it comes to evidence

witness %rst presented should be the one who can give whole picture

of storyshould have a witness to ground judge, not necessarily the strongest-ne&t: logical developments, in chronological order, how the storydeveloped # how to present facts and witnesses

should also thin+ of what methods to use # method of presentingwitness

trial brief not complete withutgetting favorable decision not complete until you get what you want #e&ecution to literally recover, favorable judgment not enough

/eliefs prayer forWhat should appear in column beside relief # facts why can avail of therelief, elements provided by law must be satis%ed

;ttorneys fees

o prevent a loss, rebuttal %rst opportunity to bring it bac+ to samee!uipoise/ebuttal should be part of trial brief

/ebuttal testimony that would nt have been given durinf %rsttestimonyo present witness again, "mission if did not ta+e opportunity to say itduring %rst time4ust relate to matters during defense that you never touched on