Flashcards Studio

In a civil action for damages arising from medical malpractice, the RTC admitted a stenographic transcript of a witness’s statements made during a pre-trial conference as evidence, despite timely objection on hearsay and authentication. The defense immediately moves for reconsideration; the court denies. Before notice of judgment, the defendant files a petition for certiorari with the Court of Appeals challenging the evidentiary ruling as grave abuse of discretion and seeks to annul the ruling prior to final judgment. The CA denies for lack of jurisdiction. The defendant then elevates the case to be reviewed on appeal from the final judgment. (a) Identify the controlling doctrine governing whether an interlocutory evidentiary ruling may be reviewed by certiorari prior to final judgment. (b) State the proper remedy to challenge the trial court’s evidentiary ruling. (c) Apply the doctrine to the facts and determine whether the defendant’s certiorari petition should have been granted or denied, and explain the path the defendant should take to obtain review of the ruling.