General Court Rules and Procedures

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juniperfig

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COURT HIERARCHY

1. MAGISTRATES COURT
NATURE—ADVERSARIAL
JURISDICTION—ROUTINE MATTERS
PRECEDENT—NON-BINDING, PERSUASIVE ONLY

2. CHANCERY
NATURE
—SEMI-INQUISITORIAL
JURISDICTION—EXCEPTIONAL MATTERS/APPELLATE COURT OF THE MAGISTRATES COURT
PRECEDENT—BINDING, MANDATORY

ADMINISTRATION AND GENERAL RULES​

PRELIMINARY CLAUSES​

Guiding Principles​

(a) Every judicial officer shall seek to adhere to these guiding principles within the court of law in their path to ensure justice in the Kingdom.
(b) In the order of importance, the guiding principles of the Judiciary of the Kingdom of Alexandria are;

i) The delivery of justice through a fair trial under which as much truth shall be exposed to the members and parties of a case in search of the objective truth to be reviewed against the law of the Kingdom;
ii) The protection of the constitutionally mandated civil liberties of every citizen of the Kingdom;
iii) To disclose the decisions of the courts in a transparent and clear manner;
iv) To complete such a fair trial in speed and timely care as reasonable;
v) To ease the process of achieving justice in the court of law.

Authority for Promulgation of Rules
(a) The rules contained herein rely on the Constitution of the Kingdom §14 as the source of its authority.
(b) The rules apply in the absence of congressional law and constitutional provision.
(c) The rules prescribed herein apply to court procedures, and auxiliary activities related to.

Application of Rules by Presiding Officer
(a) The rules contained herein must be applied by the presiding officer of any case.
(b) The presiding officer is free to interpret these rules as necessary; however, if a consistent precedent is set by a higher court, any lower or subsidiary court must follow such interpretation.
(c) A rule may be ignored or applied in a modified manner by the presiding officer given that such a measure is:
(i) strictly necessary and is the only reasonable option to protect the integrity and to adhere to the guiding principles of the court, and
(ii) not in violation of the same.

Notice of Change
Changes to the Court Rules and Procedures will be announced 24 hours prior to their change to provide notice to procedural or rule changes. Changes to procedure or rules that might affect ongoing cases will use Court Rules and Procedures prior to the change, unless stated otherwise during the announcement.

Oath of Truth
Before testifying or speaking before the court, all litigants and witnesses must swear an oath to the Crown to speak the truth and nothing but the truth. Any statements made within the case that are proven to be misleading or incorrect can be used to charge the individual with ‘Perjury’, in accordance with the section ‘Crimes against the Court’.

Burden of Proof
In a civil case, the plaintiff must show that their claims are “more likely true than not true.” This is often described as tipping the scales ever so slightly in favor of the plaintiff.
In a criminal case, the Crown must prove the accused’s guilt to such a level that a reasonable person would have no real doubt that the crime was committed. If there is any significant, sensible doubt that the accused did not do it, the Judicial Officer must find them not guilty.

Response Times
Response times are designed to give a standard feel to the 'flow' of a case. Below will be a standard set of response times for each 'stage' of a case.
Answer to Complaint & Plea (within Criminal Court): 48 hours
Opening & Closing Statements: 72 hours
Witness Testimony, Cross Examination, Writs & Objections: 24 hours
Extensions: 24 hours

Standing Application
In order for a plaintiff to pursue a case, they must show the following to the court:
  • Suffered some injury caused by a clear second party; is affected by an application of law; or has a genuine interest as a citizen and there are no reasonable and effective alternative means to challenge the law.
  • Remedy is applicable under relevant law that can be granted by a favourable decision.
Sua Sponte Dismissal
Failure to meet all parts of ‘Standing Application’ can be grounds for a Sua Sponte dismissal.

Civil Matters​

Anyone may bring civil matters before the Court, so long as a legitimate grievance is brought forth.
Crimes may be used to seek damages, although damages are not presumed. Law regarding legal damages shall also apply to damages caused by crimes.
Civil matters shall initially be heard by the Magistrates Court, but may be appealed to the Chancery.

Criminal Matters​

Criminal matters may only be brought forth by the Crown. Citizens cannot prosecute.
Criminal matters shall initially be heard by the Magistrates Court, but may be appealed to the Chancery.

Constitutional Matters​

Constitutional matters must be heard by the Chancery.

Public Interest​

A plaintiff seeking a declaration to contest a law must show that they are directly affected by it, or have a genuine interest as a citizen and there be no reasonable and effective alternative means to challenge the law. Public Interest cases may only be regarding the Constitution and may only be filed in the Chancery.

FILING AND ANSWER​

Initial Complaint Format and Requirements​

All complaints must have:
Details that meet the criteria set out in ‘Standing Application’.
All requested information must be filled out in some form, even if the information is a statement on the lack of information.

Initial Answer Format Requirements​

All answers must have:
  • An affirmation of what facts are affirmed, denied, or non contested.
  • Either defences under the law, defences under facts, or a statement of defence that will develop throughout the course of discovery.

Amendment to Complaint​

At anytime during the course of discovery, the plaintiff or the Crown may amend their Complaint to change the following:
  • Parties
  • Facts
  • Claims for Relief
  • Prayer for Relief
Amendments to the complaint must be declared and explained to the presiding judge. Afterwards, the plaintiff or the Crown may edit the post containing their complaint.

Amendment to Answer​

At anytime during the course of discovery, the defendant may amend their Answer to change the following:
  • An affirmation of what facts are affirmed, denied, or non contested.
  • Defences under the law or defences under facts.

Amendment Exception​

Amendments to an Answer or Complaint cannot change information that was already submitted.

Default Judgment, Failure to Submit Defence​

Defendants must amend any answer to have affirmations or denials on all facts in addition to having defences under the law or fact prior to the end of discovery. Failure to include the necessary information is grounds for plaintiffs to request the presiding judge to grant default judgment against the defendant.

Mandatory Time for Amending an Answer​

When an amended complaint is submitted 72 hours before discovery ends, the defendant shall have 72 hours immediately following the end of discovery to amend their answer to the complaint.

DISCOVERY RULES​

Scope and Purpose of Discovery​

The scope and purpose of Discovery is to allow all material to enter the court prior to the beginning of arguments for the sake of fairness, as well as enable all parties to provide evidence at the same time so it may be contested on equal grounds.

Required Days of Discovery​

Discovery shall last for up to 72 hours, unless both parties agree to end discovery early.

Request for Extension of Discovery​

Discovery can be extended by either the plaintiff or defendant. If one side does not agree, they must submit an oppositional statement. Silence will be taken as assent on the matter. All decisions regarding the extension of discovery are decided by the presiding Judicial Officer. Requests for extension must clarify the amount of time being requested. Extensions are granted from the end of the previous expiration time, unless clarified by the presiding Judicial Officer.

Consent to End Discovery Early​

If both parties consent to end Discovery early, they may entreat the presiding Judicial Officer to move to the next phase of the trial.

Submission of Discovery, Voluntarily​

At any point and anytime during discovery, either party is allowed to make a material submission of discovery and enter it into the case.
Evidence entered in during discovery will be required to be labeled appropriately following the mentioned naming conventions. (plaintiff/p-### / defence/d-###)
Evidence that is not properly formatted can be entreated to be struck for improper formatting.
Evidence which are "cdn.discord.com" links are INADMISSIBLE as evidence as they tend to disappear after ~2 weeks. It is recommended that counsels use Imgur or Youtube (Unlisted) for videos.
Images must be uploaded directly to the forums to be submitted as evidence.

Request for Discovery, Opposing Party Movement​

Prior to the end of Discovery, a party may file an Entreaty to Compel to request documents, messages, or screenshots from the opposing party. The material must be relevant to the case and will need to be approved by the presiding judge if opposed by the opposing party. If granted by the presiding judge, the material must be given by the opposing party to the best of their ability under sanction of contempt of court and perjury.

Witness Protocol​

A party may submit a list for witnesses at any time before the end of discovery. In order for a witness to be called during witness testimony, they must be announced under this rule, during discovery. Any witness may be objected to according to the objections laid out within the rules and procedures of the respective courts they are testifying in.

Failure to adhere to the timelines of this rule may subject that party to a contempt of court charge at the presiding judge’s decision. The presiding judge shall include a warning regarding the timeline when summoning the witness.

DISMISSAL RULES​

Rule Specification​

An Entreaty of Dismissal must specify the Rule that a lawyer wishes to submit under. The used Rule must be applied using law, facts-in-case, evidence-in-case, or previous court decisions.

When to Request Writ​

An Entreaty of Dismissal with any reason other than a ‘Lack of Claim’ must be submitted at any time before the beginning of opening statements.
An Entreaty of Dismissal citing ‘Lack of Claim’ must be submitted at any time before the beginning of witness testimony.

Application of Writ​

An Entreaty of Dismissal may be submitted against any and all claims for relief and prayer for relief.

Original Jurisdiction​

An Entreaty of Dismissal may be filed against an incorrectly filed case if another court should have original jurisdiction.

Lack of Claim​

An Entreaty of Dismissal may be filed for failure to state a claim for relief, or against an claim for relief that has insufficient evidence to support the civil or criminal charge.

Appeal Exception​

An Entreaty of Dismissal cannot be filed against an appeal request.

Failure to Include Party​

An Entreaty of Dismissal can be filed for the plaintiff’s failure to join all appropriate parties to the case.

Res Judicata​

Claim Preclusion and Issue Preclusion
An Entreaty of Dismissal may be filed if:
  1. A claim is brought forward and the same parties had previously received a valid and final judgment on the same claim, or
  2. An issue of law or fact is brought forward that was previously litigated in a prior case, was essential to that first case and received a valid and final judgment.

Immunity Protection​

An Entreaty of Dismissal may be submitted if the defendant is statutorily or constitutionally immune from being sued.

Lack of Personal Jurisdiction​

An Entreaty of Dismissal may be submitted in cases that are filed on the reasoning of public interest, if the plaintiff fails to have sufficient standing in order to pursue the case.

Failure to Provide Discovery​

An Entreaty of Dismissal may be submitted if a request made within the Discovery Rules was not complied with by the Plaintiff, despite a Writ to Compel being issued.

Prejudice Rule​

A case where an Entreaty of Dismissal is successful can only be retried if the case was dismissed without prejudice, although a case dismissed with prejudice may be appealed. The presiding judge shall ultimately make the decision on whether or not the case should be dismissed with or without prejudice.

If the presiding judge fails to specify if a case was dismissed with or without prejudice, it is assumed to be dismissed without prejudice.

WRITS​

Writs are granted only upon request by a party. Requests must be titled “Entreaty of [Subject]”. Entreaties are made by counsel and the opponent has twenty-four hours to respond to the entreaty, extendable at the court’s discretion. Opposing counsel is not required to respond, but under no circumstance may a response to an entreaty be entertained beyond the formal expiration date.
This is not an exhaustive list of possible writs. If something happens during court proceedings that you believe requires judicial notice, you may submit an entreaty with a thorough explanation. Frivolous use of this privilege will lead to a contempt charge, or a revocation of right to represent.

Writ of Continuance

A request to postpone proceedings for a set period of time, often not more than 72 hours.

Writ of Summary Judgement
A request to seek a decision without a full trial if there is no genuine dispute of material fact.

Writ of Default Judgement
A request to seek a decision without a full trial if there is no defence.

Writ of Dismissal
A request to end a case due to procedural grounds as outlined in Dismissal Rules.

Writ of Striking
Strike out frivolous or scandalous portions of a pleading, or entire claims/defences that are.

Writ of Recusal
Formal request to recuse the sitting judicial officer. If the judicial officer refuses, you may call upon a higher officer: In the Magistrates Court, this is a Chancellor. In the Chancery, this is the Chief Justice.

Writ of Veiled Proceedings
Request closed door proceedings for security or privacy purposes, as well as when any evidence or statement given is classified or privileged information.

Writ of Prompting
Request for the judicial officer to progress the case; when time has expired; or to request clarification for how to proceed.

Writ to Compel
Request for the judicial officer to compel opposing counsel to produce documents or information, or to sanction them for failing to simply with discovery requests.

OBJECTIONS​

Rule Decisions
The presiding judicial officer shall rule on an objection in one of two ways as stated below.

Sustained
If the presiding judicial officer agrees with the objection, they shall "sustain" it.

Overruled
If the presiding judicial officer disagrees with the objection, they shall "overrule" it.

Judge's Options on Objections​

If the presiding judicial officer sustains the objection, they may order the attorney to rephrase the question, stop asking the question, or order the response struck from the record, among other reasonable responses.

Filing Process:​

Objections must be titled “Objection - [Subject]”. Objections are served by counsel and the opponent has 24 hours to respond to the objection, extendable if an extension is granted at the presiding judicial officer’s discretion. The opponent is not required to respond should they feel inclined to do so, however a response to an objection after the allotted time shall not be accepted under any circumstance.
This is not an exhaustive list of possible objections. If something happens during the court proceedings that you believe is improper or unfair, you may still raise an objection with a thorough explanation. Frivolous use of this privilege will lead to a contempt charge, or a revocation of right to represent.

Decision Process:​

Ruled on by the Presiding Officer.

General Objections​


Procedural Breach
For when a court official or counsel violates procedural rules, such as failing to disclose evidence properly.

Witness Testimony​


Hearsay
An out-of-court statement which is being offered in court for the truth of what was asserted.

Narrative
When a witness provides a lengthy or detailed story in response to a question that does not require one.

Incompetent
When a witness is asked for information that they cannot possibly know.

Witness Questioning​

Relevance
Question is not relevant to the case.

Leading the Witness
Involves questions that suggest the desired answer or include information the examiner seeks to confirm. Leading questions are only disallowed during direct examination.

Ambiguous
A question or statement that is unclear or difficult to understand.

Asked and Answered
When a witness has already answered a question multiple times, and the same question is asked again, perhaps with slight variations.

Assumes Facts Not In Evidence
When a question presumes something as true that has not been established by evidence.

Badgering
Occurs when counsel is antagonizing the witness, either by asking questions without allowing answers or by mocking the witness.

Privilege
When a witness is legally protected from answering a question due to confidentiality or other legal protections.

Calls for Speculation
When a witness would testify about something they have not directly observed or experienced.

Calls for Conclusion
When a witness would be asked to provide a legal conclusion rather than something they have not observed or experienced.

Evidence​

Materiality
The evidence is not significant or essential to prove a fact in the case.

Relevance
Evidence or question made is not relevant to the case.

Privilege
Question or evidence that infringe upon the opposing party’s legal privilege.

Foundation
Insufficient evidence to support a piece of evidence or statement.

Compound Question
When a question includes multiple inquiries. The question should be rephrased into separate questions.

Character Evidence
Evidence about someone’s character (i.e., whether they are a good person or not).

Character evidence is allowed if a person’s character is a specific issue at trial (for example, in a defamation case you have to provide evidence about a person’s reputation, so some character evidence might be relevant in that case); or if it proves similar fact evidence or a pattern of behaviour (for example, if the person has done nearly the exact same thing in the past in a similar factual situation - but it has to be very relevant to the case).

CRIMES AGAINST THE COURT​


The crimes stated below are to be ruled by the presiding judicial officer(s) and are to be considered summary offences, and can only be appealed if crime was committed in the Magistrates Court, where the appeal shall be sent to the Chancery.

Frivolous Court Case
Any action which can be described as "lodging a legal case that has no serious purpose or value". If found guilty, the case will be dismissed, and the Plaintiff will be fined £5,000.

Perjury
Any act which can be described as "knowingly giving incorrect or misleading testimony in Court". If charged, the party that has perjured may be subject to fines of up to £50,000, with a minimum fine of £100.

Obstruction of Justice
Any action which can be described as "willfully interfering with the process of justice through influencing, threatening, harming, or impeding a witness, potential witness, or police officer, or by providing false information". If found guilty, the party that has committed the obstruction of justice will be fined up to £100,000, with a minimum fine of £100.

Contempt Of Court
Any action which can be described as "The disobedience of an order of a court" or "Conduct tending to obstruct or interfere with the orderly administration of justice" can be considered Contempt of Court.If you speak in a court case when not summoned, fail to abide by court procedure, or disobey a court order, you can be held in Contempt of Court for disrupting the process of the law.

Each subsequent offence within the same case typically holds a stricter punishment, starting at a £100 fine for the first offence.

Filing Process for Appeals on Crimes against the Court:​

Appeals must be titled “[Subject] (Crimes against the Court) - Appeal”. Either the Chief Justice or a Chancellor has 7 calendar days to respond to the Appeal, and the Appeal automatically be rejected if there is no response from either the Chief Justice or a Chancellor within the allocated time frame above. The ruling on an appeal, including the automatic rejection of an appeal, are final.
 
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