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Pre-Trial Script

The court convened for a pre-trial hearing in a criminal case. The prosecution and defense made their appearances and the prosecution requested to submit a special power of attorney since the plaintiff could not attend. Both sides discussed the possibility of a plea bargain but did not reach a settlement. They stipulated to some facts but not the commission of the crime. The prosecution and defense then marked their documentary evidence exhibits and identified their witnesses. The issues to be resolved and applicable laws were presented. Trial dates were set and the pre-trial was terminated.

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100% found this document useful (10 votes)
29K views3 pages

Pre-Trial Script

The court convened for a pre-trial hearing in a criminal case. The prosecution and defense made their appearances and the prosecution requested to submit a special power of attorney since the plaintiff could not attend. Both sides discussed the possibility of a plea bargain but did not reach a settlement. They stipulated to some facts but not the commission of the crime. The prosecution and defense then marked their documentary evidence exhibits and identified their witnesses. The issues to be resolved and applicable laws were presented. Trial dates were set and the pre-trial was terminated.

Uploaded by

Laverne A
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Pre-Trial

Clerk: All rise.

By the order of Honorable Judge Antukin, the Court is now in Session. Silence is hereby enjoined.

Let us Pray:

Almighty God, we stand in your Holy Presence as our Supreme Judge. We humbly beseech You
bless and inspire us so that what we think, say and do will be in accordance with your will.

Enlighten our minds, strengthen our spirit, and fill our hearts with fraternal love, wisdom, and
understanding, so that we can be effective channels of truth, justice and peace. In our proceedings
today, guide us in the path of righteousness for the fulfillment of Your greater glory. AMEN.

Clerk: Please be seated.

Judge: Appearances?

Prosecution: For the Prosecution, Atty. Alden Richard De Leon Your Honor, ready for the Pre-Trial

Defense: Good Morning your Honor, I’m Atty. Dereck Ramsey appearing for the defense. Ready for
Pre-trial your Honor.

Prosecution: Before we proceed w/ the preliminary conference, may i respectfully manifest b4 this
honorable court that the plaintiff is indisposed and cannot appear for today's hearing. With that
may i submit before this hon. Court, plaintiff's SPA.

Defense: Your Honor, may I be allowed to inspect the SPA?

Judge: Granted (the Defense will inspect the SPA)

Defense: No objection to the SPA your Honor.

Judge: Is the accused Present?

Defense: yes your honor.

Judge: Would you like to consider plea bargaining before we proceed with the pre-trial. Counsels
talk to your client and conferred with each other. Recess for 10 minutes.

Prosecution: May I manifest your Honor that the parties sat down to talk about the possibility of
amicably settling the case. However, there was no settlement reached since the accused did not
conform to the plaintiff’s proposed terms. Therefore, the complainant is no longer amenable for
settling this amicably and enter to a plea bargaining.

Defense: May I manifest your Honor that the accused does not want to consider plea bargaining in
settling the case since this case since by doing so, it will tantamount that the accused really said the
imputed words against her.

Judge: Proceed with the Pre-trial.

1
Prosecution: The prosecution proposes to the counsel for the defendant the following matters for
stipulation of facts. (STIPULATION OF FACTS)

a. The identity of the accused


Defense: the defense admits the identity of the accused.
b. The date and place commission of the crime
Defense: The defense admits the date and place where the statement was uttered but not to
the the commission of the crime charged.

c. The jurisdiction of the honourable court to hear, try and decide the case.
Defense: the defense admits the authority of this Court to hear, try and decide the case.

Judge: Is that all counsel?

Markings
Prosecution: Your Honor, May I proceed with the marking of documentary evidence.
Judge: Proceed Councel
Prosec: For markings your honor:
1. The complaint affidavit of Marimar Dela Cruz to serve as her direct testimony.
2. Affiidavit of Jenny Revilla (state thepurpose)
3. Affidavit of Cruzito (state the purpose)

Judge: is there any other documentary exhitibit you would like to present counsel?
Prosec: None. Your honor for this moment. However, I would like to reseve the right to present
other documentary evidence in the course of the trial when the need arises.

Judge: Granted.

Prosec: For the witnesses your Honor, the prosecution will present 3 witnesses.
1. Marimar Dela Cruz in her capacity as the complainant;
2. Jenny Revilla as a corroborating witness
3. Cruzito Dela Cruz as a corroborating witness

Likewise your Honor, I would like to reserve the right to present additional witness in the
course of the trial.

Judge: granted.

(issues)
Prosec: For the issues to be resolved in this Honorable court are the following:
1. Whether or not the accused committed the crime charged;
2. Whether or not the accused is guilty thereof.

Judge: Noted.
Prosec: For the Applicable Laws, the pertinent provisions of the RPC, art 353 in relation to 358,
and related jurisprudence.
Judge: Noted.

2
Trial dates:
Prosec: For the trial dates,may i request that trial be held every Thursday.
Judge: Noted.
Prosec: may I move for the Pre-trial for the Prosec be terminated.
Judge: Granted.

Pre-trial for the Defense.


Defense: the defense counsel has no proposed stipulation of facts.

Defense: May I proceed with the markings of evidence, your honor?


Judge: Granted.

Defense: The defense your honor will present two documentary evidence.
1. The affidavit of Rosalinda Ramos to serve as her direct testimony to be marked as Exhit 1.

Judge: Clerk mark it accordingly.

2. The affidavit of Juana Dela Cruz to serve as her direct testimony to be marked as Exhibit 2

Judge: Clerk mark it accordingly.

Defense: May I manifest your Honor that the defense reseves the right to present other
documentary exhibits in the course of the trial.
Judge: granted

Defense: For the witnesses your Honor, the Defense will present 2 witnesses.

1. Rosalinda Ramos in her capacity as the accused


2. Juana dela cruz in her capacity as collaborating witness.

Defense: May I manifest your Honor that the defense reseves the right to present other
Witness in the course of the trial.

Judge: Granted.

Defense: For the Applicable Laws, the pertinent provisions of the RPC, art 353 in relation to
358, and related jurisprudence.
Judge: Noted.

Defense: For the trial dates, the defense requests for a continues trial if the calendar allows
it.
That will be all your all Honor for the Pre-Trial on the part of the defense. May I move for
the termination of the pre-trial for the accused.

Judge: Granted.

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