Practice question
Before trial, the court issues a pre-trial order specifying the issues. Neither consent to try another issue nor a proper modification exists. Which rule governs the subsequent proceedings?
- The order is merely optional advice
- The contents control, unless modified before trial to prevent manifest injustice
- Any witness may unilaterally erase the issues
- The order always prevents every form of lawful consensual trial under Rule 10
- The pleadings automatically disappear
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 10, sections 3 and 5, and Rule 18, sections 2 and 7, issues tried by consent and controlling pre-trial order.
- https://lawphil.net/judjuris/juri2006/jan2006/gr_162416_2006.html — De Joya v. Marquez, G.R. No. 162416, January 31, 2006, distinctions among jurisdiction over subject matter, issues and res.
Answer this question in flashcards to review your response and continue practicing.