This document amends rules 2 and 11 of the 2005 Revised Rules of the Court of Tax Appeals.
Rule 2 section 6 is amended to clarify that justices must follow the same disqualification grounds as other courts and cannot participate in cases they previously decided on. Rule 11 sections 1 and 5 are amended to specify that pre-trial rules from other courts apply, except parties cannot compromise criminal liability, and civil pre-trial briefs must indicate willingness to compromise civil liability.
This document amends rules 2 and 11 of the 2005 Revised Rules of the Court of Tax Appeals.
Rule 2 section 6 is amended to clarify that justices must follow the same disqualification grounds as other courts and cannot participate in cases they previously decided on. Rule 11 sections 1 and 5 are amended to specify that pre-trial rules from other courts apply, except parties cannot compromise criminal liability, and civil pre-trial briefs must indicate willingness to compromise civil liability.
This document amends rules 2 and 11 of the 2005 Revised Rules of the Court of Tax Appeals.
Rule 2 section 6 is amended to clarify that justices must follow the same disqualification grounds as other courts and cannot participate in cases they previously decided on. Rule 11 sections 1 and 5 are amended to specify that pre-trial rules from other courts apply, except parties cannot compromise criminal liability, and civil pre-trial briefs must indicate willingness to compromise civil liability.
ADDITIONAL AMENDMENTS TO THE 2005 REVISED RULES OF THE
COURT OF TAX APPEALS, AS AMENDED
1. Section 6a of Rule 2 is amended to read: RULE 2 The Court, its Organization and Functions xxx xxx xxx SECTION 6. Disqualification of Justices. (a) Mandatory. No justice or other officer or employee of the Court shall intervene, directly or indirectly, in the management or control of any private enterprise which in any way may be affected by the functions of the Court. Justices of the Court shall be disqualified from sitting in any case on the same grounds provided under the first paragraph, Section 1, Rule 137 of the Rules of Court: Provided, that no member shall be the ponente of an en banc decision/resolution on a motion to reconsider a decision/resolution written by said member in a division. However, such member may voluntarily inhibit or decide to take no part in the deliberation in the en banc level. No person who has once served in the Court either as presiding justice or as associate justice shall be qualified to practice as counsel before the Court for a period of one year from that person's retirement or resignation as such. 2. Sections 1 and 5a of Rule 11 are amended to read: RULE 11 Pre-Trial SECTION 1. Applicability. The rule on pre-trial under Rules 18 and 118 of the Rules of Court, as amplified in A.M. No. 03-1-09-SC dated July 13, 2004 (Re: Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-trial and Use of Deposition-Discovery Measures), shall apply to all cases falling within the original jurisdiction of the court, except that the parties may not be allowed to compromise the criminal liability. xxx xxx xxx SECTION 5. Procedure in Civil Cases. In civil cases, the parties shall submit, at least three days before the pre-trial, their respective pre-trial briefs containing the following: (a) A statement of their willingness to compromise the civil liability indicating its desired terms, including referral to mediation, arbitration or other mode of alternative dispute resolution;