Pleadings are documents or written statements that outline the parties’ claims and defenses.

 Complaints- misdemeanor/ less serious crimes

 Indictment- more serious nature known as felonies

Definition of Terms:
o Plaintiff- person bringing the lawsuit
o Defendant- person or company being sued

 Counterclaims (against the plaintiff),

 Cross claims (against a co-defendant) and
 Third-party claims (against a third party not yet part of the litigation)

All of these documents – the complaint, answer, counterclaim, cross claim and third-party
complaint – are called pleadings.

FUNDAMENTAL REQUIREMENTS OF DUE PROCESS

The fundamental requirements of due process as per article of Bill of Rights of the New
Constitution are as follows:

Section 12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of
law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.

Pre-Trial Procedures
- Informal discussion between the judge and attorney to eliminate matters not in dispute, agree
on issues and settle procedural matters relating to the trial.
- includes preparing and filing pleadings and motions and exchanging discovery.
 Motions can cover a wide variety of issues from asking the court to compel a witness’s
testimony to requesting that the court enter a protective order so that sensitive information
is kept confidential
 Discovery is the process of obtaining relevant information, facts and evidence from the
other parties. Discovery allows each party to learn about and analyze facts that may
support (or weaken) its case; clarify key issues; and secure evidence for use at trial.
There are a variety of ways that parties can discover information, including:
Interrogatories 
Requests for Production 
Requests for Admission 
Depositions

Trial
Facts of the case are determined, the principles of law relating to those facts are applied and a
conclusion as to liability is reached. The judge determines the facts and applies the law.
  Jury Selection
 Opening Statements 
 Plaintiff Testimony
 Defense Testimony
 Redirection and Recall
 Closing Arguments
 Charge to the Jury –
 The Verdict 
 Judgment

 Appeals - The party that the court ruled against has the right to file an appeal for
the case to be heard in a court at a higher venue.

Summary of the Trial Process

There are four main stages to a trial. In sequence, they are:

 Pleading Stage - filing the complaint and the defense's motions.

 Pretrial Stage - discovery process, finding of facts.
 Trial Stage - seating of the jury, testimony on behalf of the plaintiffs and testimony
on behalf of the defendants.
 Post Trial - concluding arguments, judge's charge to the jury, jury deliberations,
announcement of judgment, motions for new trial or appeal.