Post by Tiberius Cecil on Dec 30, 2017 17:32:03 GMT
Judicial Rules and Procedures Act (2018)
An Act to further define and structure Court proceedings.
Rules and Procedures
(1) The provisions of this Article may be cited simply as “Rule [Section #];" for instance, this Section may be cited in any court proceeding as Rule 1. In interpreting the provisions of this Article, courts shall give effect to the spirit and purpose of the provisions, which are not designed to resolve disputes based on mere technicalities or legalistic loopholes. Rather, these provisions are intended to promote the just, speedy, efficient, and economical resolution of disputes.
Framework of Hearing Cases
(2) The following will be the framework for use by the Royal Courts with regards to hearing cases based on the different offences the cases are being heard under:
(a) Misdemeanours: All misdemeanour cases, regardless of the severity of the misdemeanour, shall be heard by a single Justice of the Royal Courts.
(b) Felonies: All felony cases are to be heard by a single Justice of the Royal Court.
(c) Conspiracies: All conspiracy cases are to be heard by a single Justice of the Royal Court.
(d) Highest Offences: All cases brought to the Royal Courts which deal with the following; Anti-Government Activity, Forum Destruction, Treason or any future amendment added to Article VI of the Criminal Code Act (2017) will be heard by the entire panel of judges that sit in the Royal Court.
Pretrial Rules
(3) All cases will be filed in the first instance with the Royal Court. An application to bring a case shall, to the best extent possible, disclose the following information:
(a) The name of the petitioning party and his or her attorney, if known at the time of filing;
(b) The name of the responding party;
(c) The nature of the lawsuit, including any legal authority supporting the action;
(d) The nature of the relief that the petitioner seeks; and
(e) A list of all evidence and witnesses that the petitioning party believes that he or she will use at trial.
(4) Any defect in filing a case pursuant to Rule 2 shall not be grounds for dismissal or denial of the case; rather, a member of the Royal Court shall work with all filing parties to ascertain the information necessary to initiate a case.
(5) In any action seeking equitable relief, the petitioning party may simply seek an injunction and specify what, specifically, he or she wishes the court to order the responding party to do. The court will not necessarily be bound by the relief requested at the outset of the case and may, at its discretion, provide the relief that justice requires after having heard the full case. However, no relief shall issue that exceeds that power of the court under any law of the region.
(6) If equitable relief is sought pursuant to Rule 4, any judicial officer may issue a temporary order granting the relief before the case has been assigned, if necessary to prevent impending and irreparable harm. Such preliminary relief may be altered or revoked after the case has been assigned.
(7) Once a case is properly filed, the Lord Chancellor shall assign the case for resolution. If, after 24 hours from the time of filing, no assignment has been made, any Justice may make the assignment under this Rule. Cases outside of the parameters outlined in Rule 2 may be assigned as follows:
(a) To a single judge of the Royal Court;
(b) To a three judge panel of the Royal Court, selected at random from among the judges of the Royal Court.
(8) All colourable claims shall be heard by a court, but a responding party may move to dismiss any action that is not colourable for any reason, including but not limited a lack of jurisdiction, the non-existence of a cause of action, or binding dispositive precedent.
Trial Proceedings
(9) At the beginning of any criminal trial, the accused shall be informed of the charges levied against him or her, of his or her right to an attorney, and of his or her right to represent himself or herself. The accused will be given 24 hours to enter a plea, at the expiration of which time a plea of “Not Guilty” shall be entered on his or her behalf and a trial shall proceed in absentia.
(10) The following criminal pleas are acceptable:
(a) Guilty, meaning the accused admits all material allegations of fact and of law;
(b) Not Guilty, meaning the accused denies at least one material allegation of fact;
(c) Contested, meaning the accused admits all material allegations of fact but denies that a legal wrong was committed;
(11) Criminal defendants may enter into a plea agreement with prosecutors in which the defendant agrees to enter a certain plea on the condition that the prosecutor will request a certain specified sentence. If the court finds that the agreement submitted is reasonable, it shall accept the plea and enter a judgment consistent with the law but not to exceed the stipulated sentence recommended by the prosecution. Parties may submit proposed plea agreements at any time, but the case shall proceed normally until a plea agreement is accepted.
(12) At any point in any trial, the court may grant a time extension to either party and may take fair and equitable action to ensure that the trial is being conducted speedily.
(13) At the end of all criminal trials, both parties will be afforded reasonable time to suggest appropriate punishments for the defendant in the event of a guilty verdict. Likewise, if the defendant pleads Guilty, both parties will be afforded the same opportunity to suggest appropriate punishments. At the court's discretion, the defence may be allowed a single post of rebuttal when the prosecution submits its suggested sentence second.
Legal Questions
(14) Any person may submit to the Royal Court a certified legal question seeking guidance as to statutory interpretation, constitutional construction, or any other relevant legal concern. The legal question will be assigned in the same manner as a case pursuant to Rule 6. The court may decline to answer any question at its discretion. Answers to legal questions are not binding on any person, nor are they binding on any future court, unless the following conditions are met:
(a) Persons listed in Rule 14 were afforded at least 24 hours to submit argument;
(b) The question was considered by a panel of at least three judicial officers;
(c) The panel issues a formal opinion advising on the question, and the opinion, or the relevant portions of it, commands the support of a majority of the panel; and
(d) The answer and reasoning provided are within the scope of the question presented.
(15) If a court accepts a legal question, the following persons may submit arguments directly to the court considering the question:
(a) The inquiring party, or an attorney on his or her behalf;
(b) A party whose interests stand to be materially impacted by the resolution of the question, or an attorney on his or her behalf;
(c) The Attorney General, shall have inherent standing to bring any case or action before the Royal Courts on reasonable grounds.
(d) Any other party summoned by any judicial officer to provide insight, information, or testimony relevant to the resolution;
Rules of Behaviour
(16) All cases and legal questions coming before a court shall be governed, at minimum, by the following general rules:
(a) No person shall make any comment to or about another person that the speaker should reasonably believe to be obscene, vulgar, or defamatory, except to the extent necessary to prove a material issue before the Court;
(b) Only parties, their attorneys, approved witnesses, and others invited by the judicial officers or entitled under the law may post;
(c) No person shall knowingly or purposefully make any post expressing disdain for or annoyance with the proceedings;
(d) No person shall knowingly or purposefully make a false statement of fact or law that is material to the substance of the issue(s) before the Court or offer evidence that is known to be false;
(17) Additional rules may be added, and any of the above rules waived, through an clear declaration of such by the presiding judicial officer of any proceeding.
(18) Willful violations of the Rules in this Article may be met with a contempt citation. Any judicial officer may issue a contempt of court citation, but such action may be reversed on appeal or by the votes of the remaining members, as appropriate.
Recusal
(19) The decision to recuse oneself from consideration of a case shall be in the hands of each individual judicial officer, with the following standards used in guiding the decision regarding recusal from any specific case:
(a) No judicial officer should hear a case to which he or she is a party;
(b) No judicial officer should hear a case in which he or she is a witness;
(c) No judicial officer should hear a case the outcome of which could substantially harm or benefit that judicial officer in a personal way;
(d) No judicial officer should hear a case involving a Government entity for which that judicial officer is employed;
(e) No judicial officer should hear a case in which he or she has already expressed an opinion, except in an instance where the court was asked for an advisory opinion on a legal matter, the subject of which subsequently arose as a court case; and
(f) No judicial officer should hear a case in which he or she questions whether he or she will be capable of making a fair and impartial decision.
Judicial Doctrine
(20) Outside of Legal Questions the judicial doctrine of Stare Decisis shall apply to all forms of judicial activity and cases
An Act to further define and structure Court proceedings.
Rules and Procedures
(1) The provisions of this Article may be cited simply as “Rule [Section #];" for instance, this Section may be cited in any court proceeding as Rule 1. In interpreting the provisions of this Article, courts shall give effect to the spirit and purpose of the provisions, which are not designed to resolve disputes based on mere technicalities or legalistic loopholes. Rather, these provisions are intended to promote the just, speedy, efficient, and economical resolution of disputes.
Framework of Hearing Cases
(2) The following will be the framework for use by the Royal Courts with regards to hearing cases based on the different offences the cases are being heard under:
(a) Misdemeanours: All misdemeanour cases, regardless of the severity of the misdemeanour, shall be heard by a single Justice of the Royal Courts.
(b) Felonies: All felony cases are to be heard by a single Justice of the Royal Court.
(c) Conspiracies: All conspiracy cases are to be heard by a single Justice of the Royal Court.
(d) Highest Offences: All cases brought to the Royal Courts which deal with the following; Anti-Government Activity, Forum Destruction, Treason or any future amendment added to Article VI of the Criminal Code Act (2017) will be heard by the entire panel of judges that sit in the Royal Court.
Pretrial Rules
(3) All cases will be filed in the first instance with the Royal Court. An application to bring a case shall, to the best extent possible, disclose the following information:
(a) The name of the petitioning party and his or her attorney, if known at the time of filing;
(b) The name of the responding party;
(c) The nature of the lawsuit, including any legal authority supporting the action;
(d) The nature of the relief that the petitioner seeks; and
(e) A list of all evidence and witnesses that the petitioning party believes that he or she will use at trial.
(4) Any defect in filing a case pursuant to Rule 2 shall not be grounds for dismissal or denial of the case; rather, a member of the Royal Court shall work with all filing parties to ascertain the information necessary to initiate a case.
(5) In any action seeking equitable relief, the petitioning party may simply seek an injunction and specify what, specifically, he or she wishes the court to order the responding party to do. The court will not necessarily be bound by the relief requested at the outset of the case and may, at its discretion, provide the relief that justice requires after having heard the full case. However, no relief shall issue that exceeds that power of the court under any law of the region.
(6) If equitable relief is sought pursuant to Rule 4, any judicial officer may issue a temporary order granting the relief before the case has been assigned, if necessary to prevent impending and irreparable harm. Such preliminary relief may be altered or revoked after the case has been assigned.
(7) Once a case is properly filed, the Lord Chancellor shall assign the case for resolution. If, after 24 hours from the time of filing, no assignment has been made, any Justice may make the assignment under this Rule. Cases outside of the parameters outlined in Rule 2 may be assigned as follows:
(a) To a single judge of the Royal Court;
(b) To a three judge panel of the Royal Court, selected at random from among the judges of the Royal Court.
(8) All colourable claims shall be heard by a court, but a responding party may move to dismiss any action that is not colourable for any reason, including but not limited a lack of jurisdiction, the non-existence of a cause of action, or binding dispositive precedent.
Trial Proceedings
(9) At the beginning of any criminal trial, the accused shall be informed of the charges levied against him or her, of his or her right to an attorney, and of his or her right to represent himself or herself. The accused will be given 24 hours to enter a plea, at the expiration of which time a plea of “Not Guilty” shall be entered on his or her behalf and a trial shall proceed in absentia.
(10) The following criminal pleas are acceptable:
(a) Guilty, meaning the accused admits all material allegations of fact and of law;
(b) Not Guilty, meaning the accused denies at least one material allegation of fact;
(c) Contested, meaning the accused admits all material allegations of fact but denies that a legal wrong was committed;
(11) Criminal defendants may enter into a plea agreement with prosecutors in which the defendant agrees to enter a certain plea on the condition that the prosecutor will request a certain specified sentence. If the court finds that the agreement submitted is reasonable, it shall accept the plea and enter a judgment consistent with the law but not to exceed the stipulated sentence recommended by the prosecution. Parties may submit proposed plea agreements at any time, but the case shall proceed normally until a plea agreement is accepted.
(12) At any point in any trial, the court may grant a time extension to either party and may take fair and equitable action to ensure that the trial is being conducted speedily.
(13) At the end of all criminal trials, both parties will be afforded reasonable time to suggest appropriate punishments for the defendant in the event of a guilty verdict. Likewise, if the defendant pleads Guilty, both parties will be afforded the same opportunity to suggest appropriate punishments. At the court's discretion, the defence may be allowed a single post of rebuttal when the prosecution submits its suggested sentence second.
Legal Questions
(14) Any person may submit to the Royal Court a certified legal question seeking guidance as to statutory interpretation, constitutional construction, or any other relevant legal concern. The legal question will be assigned in the same manner as a case pursuant to Rule 6. The court may decline to answer any question at its discretion. Answers to legal questions are not binding on any person, nor are they binding on any future court, unless the following conditions are met:
(a) Persons listed in Rule 14 were afforded at least 24 hours to submit argument;
(b) The question was considered by a panel of at least three judicial officers;
(c) The panel issues a formal opinion advising on the question, and the opinion, or the relevant portions of it, commands the support of a majority of the panel; and
(d) The answer and reasoning provided are within the scope of the question presented.
(15) If a court accepts a legal question, the following persons may submit arguments directly to the court considering the question:
(a) The inquiring party, or an attorney on his or her behalf;
(b) A party whose interests stand to be materially impacted by the resolution of the question, or an attorney on his or her behalf;
(c) The Attorney General, shall have inherent standing to bring any case or action before the Royal Courts on reasonable grounds.
(d) Any other party summoned by any judicial officer to provide insight, information, or testimony relevant to the resolution;
Rules of Behaviour
(16) All cases and legal questions coming before a court shall be governed, at minimum, by the following general rules:
(a) No person shall make any comment to or about another person that the speaker should reasonably believe to be obscene, vulgar, or defamatory, except to the extent necessary to prove a material issue before the Court;
(b) Only parties, their attorneys, approved witnesses, and others invited by the judicial officers or entitled under the law may post;
(c) No person shall knowingly or purposefully make any post expressing disdain for or annoyance with the proceedings;
(d) No person shall knowingly or purposefully make a false statement of fact or law that is material to the substance of the issue(s) before the Court or offer evidence that is known to be false;
(17) Additional rules may be added, and any of the above rules waived, through an clear declaration of such by the presiding judicial officer of any proceeding.
(18) Willful violations of the Rules in this Article may be met with a contempt citation. Any judicial officer may issue a contempt of court citation, but such action may be reversed on appeal or by the votes of the remaining members, as appropriate.
Recusal
(19) The decision to recuse oneself from consideration of a case shall be in the hands of each individual judicial officer, with the following standards used in guiding the decision regarding recusal from any specific case:
(a) No judicial officer should hear a case to which he or she is a party;
(b) No judicial officer should hear a case in which he or she is a witness;
(c) No judicial officer should hear a case the outcome of which could substantially harm or benefit that judicial officer in a personal way;
(d) No judicial officer should hear a case involving a Government entity for which that judicial officer is employed;
(e) No judicial officer should hear a case in which he or she has already expressed an opinion, except in an instance where the court was asked for an advisory opinion on a legal matter, the subject of which subsequently arose as a court case; and
(f) No judicial officer should hear a case in which he or she questions whether he or she will be capable of making a fair and impartial decision.
Judicial Doctrine
(20) Outside of Legal Questions the judicial doctrine of Stare Decisis shall apply to all forms of judicial activity and cases