Post by Rogamark on Jun 10, 2020 20:35:49 GMT -5
In accordance with section 8 of the Judiciary Act, the Chief Justice hereby promulgates the following Procedural Rules for the Supreme Court of Spiritus.
June 11, 2020
Rogamark, CJ
Procedural Rules
I. Filing a Case
1. Cases may be submitted only through the forms posted in the Supreme Court section.
2. For civil cases to be submitted validly, (a) the plaintiff must have standing, and (b) the complaint must identify a potential violation of his or her legal rights.
II. Civil and Advisory Opinion Proceedings
3. Parties may represent themselves, or ask a citizen or person not barred from citizenship to represent them. Any citizen of Spiritus may submit amicus curiae briefs expressing their opinion about an ongoing matter at the appropriate time in the public gallery.
4. Parties should address the Court, not each other, and conduct proceedings in a calm and courteous manner. Proceedings will be conducted in a speedy manner. Temporarily unavailable parties will timely request a continuance. The Court will always grant continuances predicated on real-life emergencies, and be generous otherwise. Participating in legal proceedings when called upon is, however, in no way optional or voluntary, and parties will be mindful that any delay affects every person involved.
5. The presiding judge will steer the proceedings. Civil trials follow this outline:
(a) The Court determines procedural matters. Should there be any evidence required that is classified or highly personal in nature, make the presiding judge aware of it right at the start, so that the Court can decide how to proceed. The presiding judge will determine standing, jurisdiction, and clarify questions the initial form might have left open, such as what remedy is sought.
(b) Opening argument: The plaintiff will *briefly* explain the basis of his lawsuit. If there is evidence in form of logs or screenshots, introduce them here, and explain *briefly* what they, in your opinion, prove.
(c) Rebuttal: The defendant will likewise address the Court, and may proffer evidence.
(d) Testimony (if applicable): Witnesses will be heard, in the manner and place ordered by the Court.
(e) Argument (if applicable): The Court will direct parties to address it on specific questions that have so far remained unanswered.
(f) Closing argument: Both parties are given the opportunity to summarize and argue their position before the case is decided. Amicus curiae briefs should be filed here, briefs filed after closing arguments have concluded will be disregarded as untimely submitted.
(g) Decision: The Court will announce the judgment, including concurring/dissenting opinions when applicable.
6. Notwithstanding the above, parties may at all times before the commencement of closing arguments offer rebuttal evidence, i.e. evidence to contradict a statement of fact from the opposing party.
7. (a) A possible way of introducing testimony is the cross-examination, wherein parties pose questions to the witness, and a member of the Court is present to rule on objections.
(b) Also possible is the deposition, wherein the questioning is done outside the presence of the Court, and the logs are then submitted.
(c) While it is possible to conduct questioning on the forum, it is discouraged on account of the time it takes. When a witness gives testimony in this manner, several questions may be posed and answered simultaneously.
8. Following the acceptance of an advisory opinion request by the Court, it will allow reasonable time for the submission of amicus curiae briefs. It will invite relevant parties to file a brief expressing their opinions.
III. Witnesses and Evidence
9. It is the responsibility of the parties to a lawsuit to furnish relevant evidence. The Court will not conduct investigations.
10. Should evidence be unavailable, or should relevant witnesses refuse to testify, the parties will inform the Court as soon as they become aware of it. Belated requests for assistance in obtaining evidence may not be granted.
11. Many objections common in real-life courts are designed to prevent undue prejudice in lay finders of fact. This is not an issue here, and the only permissible objections are those designed to protect witnesses and the integrity of the process. Objections against a question alleged to be out of order must be raised immediately.
12. A question is deemed out of order if it is
(a) overly argumentative (e.g. "Why did you break the law")
(b) harassing or insulting (e.g. "Have you been a moron all your life?")
(c) Mis-stating the witness, another witness, or misrepresenting evidence
(d) calling for speculation or guesswork (e.g. "Would x have done y, had he known about z?") when the witness has no sufficient basis on which to answer
(e) assuming facts not in evidence, or referencing evidence or testimony not (yet) introduced
(f) a repetition or minimal variation on a question already asked and answered
(g) too vague, ambiguous, or confusing
(h) entirely irrelevant for the legal issue at hand
(i) not the most direct source of the information (e.g. don't ask for a summary of a forum post if you can just present the post itself)
(j) calling for classified information; such testimony is to be cleared with the Court in advance
IV. Judgments and Appeals
13. Advisory opinions are not immediately binding, and become final upon posting.
14. Judgment in civil cases heard by the full Court becomes final upon posting. In civil cases heard by a single judge, a non-prevailing party may request that the case be reheard by the full Court within 10 days. Should no appeal be filed, the judgment becomes final.
15. Whenever a motion for rehearing is filed, the presiding judge will forthwith poll the other members of the Court. Should at least one of the other members wish to rehear the case, the presiding judge will vacate the judgment, and the Court will reconsider the case on the record. No new evidence will be accepted, but there shall be a reasonable period of time for the submission of briefs.