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Sample Pre-Trial Brief For UNLAWFUL DETAINER

This document is a pre-trial brief submitted by the plaintiff's counsel in a case of unlawful detainer filed in the Municipal Trial Court against Pedro dela Cruz. The brief outlines that the plaintiff is open to settling the dispute amicably, and claims that the defendant failed to pay rent since August 2014 and continues to illegally occupy the property. It also lists the exhibits and witnesses that will be presented during trial to argue that the defendant should be ejected from the property. The plaintiff reserves the right to present additional documents or witnesses as needed.

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Rob Gozun
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817 views3 pages

Sample Pre-Trial Brief For UNLAWFUL DETAINER

This document is a pre-trial brief submitted by the plaintiff's counsel in a case of unlawful detainer filed in the Municipal Trial Court against Pedro dela Cruz. The brief outlines that the plaintiff is open to settling the dispute amicably, and claims that the defendant failed to pay rent since August 2014 and continues to illegally occupy the property. It also lists the exhibits and witnesses that will be presented during trial to argue that the defendant should be ejected from the property. The plaintiff reserves the right to present additional documents or witnesses as needed.

Uploaded by

Rob Gozun
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


Branch XX
Municipality of XXX (or City)

JUAN DELA CRUZ,


Plaintiff,
Civil Case No. 3241
-versus- FOR: Unlawful Detainer

PEDRO DELA CRUZ,


Defendant.
x-------------------------------x

PRE-TRIAL BRIEF

PLAINTIFF, by counsel, respectfully submits his Pre-Trial Brief, as


follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE


SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT

1. Plaintiff is open to settling this dispute amicably, subject to a concrete


proposal that is fair and reasonable and a reciprocal manifestation of
openness from defendant.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

1. The defendant failed to pay the agreed rental from August 2014 up to
the present and is continuously occupying the same although he failed
to renew the contract of lease. Even after several and repeated
demands, the defendant continues to illegally occupy the subject
property;

2. The plaintiff now institute this action for unlawful detainer for the
continued possession by the defendant of the subject property is
prejudicial to the rights of the plaintiff.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

1. Plaintiff admits the personal circumstances of the parties as stated in


the compliant and answer.
2. Plaintiff further admits the facts stated in his complaint only.

IV. ISSUES TO BE TRIED

1. Whether or not defendant should be ejected from the subject property.

V. EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

Exhibit A- A machine copy of the Contract of Lease between plaintiff


and defendant last April 30, 2011.

Exhibit B – A machine copy of the demand letters by the plaintiff to


the defendant.

The plaintiff reserves his right to present other documents not herein
listed as may be deemed necessary.

VI. WITNESSES TO BE PRESENTED

1. The plaintiff himself – to testify regarding the unlawful continued


possession by the defendant of the subject property;

2. Defendant reserves the right to present other witnesses not herein


enumerated as deemed necessary.

VII. AVAILABLE TRIAL DATES

The plaintiff would depend on the dates agreed upon during the pre-
trial.
RESPECTFULLY SUBMITTED.

Municipality of xxx (or City), March 25, 2015.

ATTY. JUANA A. CHANGE


Counsel for the Plaintiff
J.A. Change Law Office, Alta Village, Jaro, Iloilo City
Roll of Attorneys No. 5432112
PTR NO. 654321, 01/06/16, Iloilo City
IBP NO. 123456, 01/04/16, Iloilo City
MCLE Comp. No. IV-0009876, 01/02/16

COPY FURNISHED:
BY PERSONAL SERVICE

ATTY. MA. CASSIE JEAN D. DOLDUCO


Counsel for the Defendant
Dolduco Law Office, Mission Extension Street, Lapaz, Iloilo City
Received on March 26, 2015

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