Under the present rules, signature of counsel constitutes a certificate by him/her that he/she has read the pleading and that to the best of his knowledge, information and belief, there is good ground to support it and it is not interposed for delay. This is a significant change from the present practice where these information/documents are submitted in the course of pre-trial which usually takes place many months after the filing of the Complaint or Answer. This means that anyone wishing to file a complaint or who finds itself being a respondent in a case, must immediately prepare the evidence in support of the Complaint or Answer. The Revised Rules require a Complaint and an Answer (or any other pleading containing a party's claims and defenses) to already contain or append the (a) names of the witnesses, (b) a summary of their intended testimonies, (c) judicial affidavits of the witnesses, and (d) the documentary and object evidence in support of a party's allegations. A party must be ready to submit evidence upon filing of the Complaint or Answer The burden to show that the photocopies are not admissible is on the party opposing its admission.Ģ. The practical effect is that, as a general rule, photocopies will be admissible into evidence, unless a genuine issue on its authenticity is raised, or it is shown that its admission is unjust or inequitable. The Revised Rules allow the presentation of a "duplicate" of an original, and such duplicate is deemed admissible as an original unless (a) a genuine question is raised as to the authenticity of the original, or (b) in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original. In such case, the old rules will be applied.ġ0 Notable Changes Introduced by the Revised Rules It will also apply to those already pending as of the effectivity date, except to the extent that in the opinion of the court, application of the Revised Rules would not be feasible or would work injustice. The Revised Rules will apply to newly-filed cases (i.e. The Revised Rules introduce substantial changes to the litigation process, and will have a significant effect on how companies approach, avoid or prepare for, litigations. Like the earlier released Revised Guidelines on Continuous Trial of Criminal Cases, the Revised Rules are intended to expedite civil and criminal litigations and, to this end, streamline the litigation process. The Supreme Court recently issued amendments to the Rules of Civil Procedure and the Revised Rules on Evidence (collectively, the Revised Rules).
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