Formal offer of evidence and objections under the Judicial Affidavit Rule

[This is Part 10 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule]

The formal offer of documentary or object evidence shall be made upon the termination of the testimony of a party’s last witness. This obviously means that this is done when a party rests its case, and not every time the testimony of each witness is terminated.

The formal offer is made orally in open court, which shows an obvious intent to do away with the option of filing a written formal offer of evidence allowed under existing rules. A party shall immediately make an oral offer of evidence of his documentary or object exhibits, piece by piece, in their chronological order, stating the purpose or purposes for which he offers the particular exhibit.

After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if any, to its admission, and the court shall immediately make its ruling respecting that exhibit.

Since the documentary or object exhibits form part of the judicial affidavits that describe and authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offer of evidence, the objections, and the rulings, dispensing with the description of each exhibit.

Also read and discuss the following:

1. Introduction to and discussion of the Judicial Affidavit Rule

2. Effectivity and Purpose of the Judicial Affidavit Rule

3. Scope of Application of the Judicial Affidavit Rule

4. Service and filing of the Judicial Affidavit

5. Required contents of a judicial affidavit under the Judicial Affidavit Rule

6. Offer of testimony and objections under the Judicial Affidavit Rule

7. Documentary and Object Evidence under the Judicial Affidavit Rule

8. Cross-examination and Re-Direct Examination under the Judicial Affidavit Rule

9. Resort to subpoena under the Judicial Affidavit Rule

10. Formal offer of evidence under the Judicial Affidavit Rule

11. Effects of Non-Compliance with the Judicial Affidavit Rule

2 comments

  1. Hello! What will be the effect on my Annulment case if Formal Offer of evidence was not submitted by my lawyer as he already ran away. I was advised that there is no need to get a new lawyer to submit it as my file will be submitted to the court for decision somehow. What should I do then? Thank you

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