Court Room Procedures Act
Court Room Procedures Act
Preamble
WHEREAS there must procedures for Criminal trials and Civil hearings,
HEREBY presents the Court Procedures Act 2024.
Part 1: Courtroom Proceedings
Article 1: General Courtroom Provisions
§1. Courtroom proceedings shall be divided into two types: criminal trials and civil hearings.
- §1.1. A criminal trial shall be defined as the state seeking charges against a legal entity for committing a criminal offense pursuant to the Criminal Code.
- §1.1.1. If the state declines to prosecute a criminal offense, any private individual or organization may seek charges in the state’s stead, following the same legal procedures outlined in this document.
- §1.2. A civil hearing shall be defined as a legal entity seeking charges against another legal entity for committing a tort pursuant to the Civil Code.
§2. Proceedings shall be conducted in public courtrooms on the SimDemocracy Discord server, unless otherwise decided.
- §2.1. A motion to use a private courtroom for a trial or hearing may be made on the basis of confidential, personal or classified information being involved.
- §2.2. Should a private courtroom be used, all channels necessary including one for out of courtroom motions shall be made for this purpose.
§3. Proceedings shall be presided over by a Judge chosen using a rotating schedule of all Judges who have shown signs of activity at least a week before.
- §3.1. Judges must recuse themselves if there exists a conflict of interest that prevents them from being unbiased.
- §3.2. A motion for the recusal of the presiding Judge may be made during civil proceedings only prior to the commencement of the hearing as an out of court motion, and during criminal proceedings only prior to the conclusion of the pre-trial.
§4. The date of all court proceedings, their participants and the location of their occurrence shall be publicly available information at all times.
- §4.1. A motion for adjournment of court or extension of the date of proceedings; which shall occur for a specific amount of time, not more than ten (10) days, may be made. With adequate reasoning, the presiding Judge may decide to adjourn court or extend the date of the proceedings on their own.
§5. It shall be the responsibility of the presiding Judge to uphold court procedures.
- §5.1. If a procedural error significant enough to impact the legitimacy of due process occurs, the Judge shall declare a mistrial either on their own or as a result of a motion, which shall result in the trial process being restarted.
Article 2: Motions
§1. A motion shall be a request by either party to have the court make a certain decision which shall be accepted or rejected by the presiding Judge with adequate reasoning.
§2. Motions shall only be made as described and allowed by law and may be made at any time during proceedings unless otherwise specified.
§3. All motion decisions may be appealed to a higher court.
Article 3: Document Courtroom Procedures
§1. The presiding Judge may use a Google Document as the courtroom upon motion or at their own discretion.
§2. All relevant parties shall be given access to a designated Google Document, made by the presiding Judge.
§3. The designated Google Document shall include sections for;
- a) Making arguments;
- b) Responding to arguments;
- c) Presenting evidence;
- d) Making motions;
- e) Otherwise conversing with the court;
§4. Should a Google Document be used as the courtroom, the court shall be in session until the conclusion of the trial, starting at a time agreed by all the parties.
Article 4: Subpoenas and Injunctions
§1. A subpoena shall be an order by the court to compel testimony by a witness or to hand over evidence regarding a trial.
§2. A motion for a subpoena shall contain the subpoenaed person or piece of evidence, the legal entity responsible for the execution of the subpoena and the term to which the subpoena is to be executed.
§3. A motion for a subpoena may be made during civil proceedings only prior to the commencement of the hearing as an out of court motion, or during criminal proceedings only prior to the conclusion of the pre-trial.
§4. An injunction shall be an order by the court for a legal entity to cease or carry out a certain action.
§5. A motion for an injunction shall contain the action to be ceased or carried out, and the legal entity responsible for ceasing or carrying out the action; and the term to which the action shall be ceased or carried out.
§6. Failure to comply with a subpoena or injunction shall be prosecuted under Contempt of the Court.
§7. A decision of a Judge regarding a motion for an injunction or a subpoena may be appealed by a motion with adequate reasoning; which the Judge has to consider and accept or reject with adequate reasoning.
- §7.1. Both the opposing counsel and the legal entity ordered to carry out a court order, cease an action with an injunction or the entity responsible for the execution of a subpoena may file a motion to appeal a subpoena.
- §7.2. A subpoena may be appealed by the subpoenaed party if it has no relevance to the proceeding, or the party has no evidence to present, or if it requires classified testimony or records.
- §7.3 A subpoena or an injunction may be appealed or rejected on the basis of:
- a) Lack of legal authority, or;
- b) Procedural errors during the granting or requesting a subpoena or injunction, or;
- c) The subpoena requiring classified or privileged information, or;
- d) Unfairly short term to complete a subpoena or injunction, or;
- e) An injunction or subpoena reaching beyond the scope of the issues discussed in the trial, or;
- f) An injunction or a subpoena being unfairly restrictive, or;
- g) Being granted without adequate reasoning.
§8. A court cannot order a legal entity to perform an action which is illegal or which would be a criminal offense.
Article 5: Witness and Evidence Procedures
§1. The defendant may be a witness in their own trial; however, they shall reserve the right to not self-incriminate.
§2. The following types of questions shall not be allowed during a questioning of a witness:
- §2.1. Leading; A question that suggests a particular answer or contains the information the examiner is looking to have confirmed. Leading question objections shall only apply on direct examination.
- §2.2. Ambiguous or confusing; A question not clear or precise enough for the witness to properly answer.
- §2.3. Argumentative; A question that makes an argument rather than asking a question.
- §2.4. Assuming facts not in evidence; A question assuming a statement for which no evidence has been presented as true.
- §2.5. Calling for a conclusion; A question that asks for an opinion rather than a fact.
- §2.6. Compound; Multiple questions asked together.
- §2.7. Irrelevant; A question not relevant to the matters of the trial.
- §2.8. Incompetent; A question for which the witness is not qualified to answer.
- §2.9. Calls for speculation; A question asking the witness to guess rather than relay facts.
- §2.10. Beyond the scope; A question asked during cross examination not related to the testimony given during direct examination.
- §2.11. Badgering; A question antagonizing the witness.
§3. Evidence shall be inadmissible on the following grounds:
- §3.1. Personal data; Evidence containing personal information shall only be admissible with the consent of the person whose personal data it contains.
- §3.2. Fruit of the poisonous tree; Evidence obtained by the SDBI or other governmental agencies through illegal means shall be inadmissible in court. [1]Furthermore, privileged evidence shall be inadmissible.
- [1]§3.2.1. Privileged evidence for the purpose of this section shall be evidence gathered from non-public conversations with one's legal counsel. Evidence shall cease to be privileged as long as one or more of the parties of the conversation agrees with its usage as evidence.
- §3.3. Lack of foundation; Authenticity of a piece of evidence may only be questioned during its introduction. The opposing party may then motion for a recess in order to authenticate a piece of evidence; if its authenticity is not confirmed it shall be inadmissible.
- §3.3.1. Statements contrary to the facts known by the defense, in this case, shall be considered perjury.
- §3.4. Incomplete; Evidence that lacks context, or is presented incompletely in order to mislead or deceive shall be inadmissible.
- §3.5. Irrelevant; Evidence that is irrelevant to the trial, or exists only to cast the defendant in a bad light instead of proving that they committed the crime shall be inadmissible.
§4. During any time when the evidence is presented or a witness is questioned; The prosecution or the defense may raise an objection regarding a violation of procedures or rules of evidence and witness testimony.
- §4.1. The Judge shall then sustain or overrule the objection; in the case of a sustained objection the question or evidence is disallowed; in the case of an overruled objection the question or evidence is allowed.
§5.1 A Judge may, if they consider it necessary for national security purposes or otherwise, order the redaction of any piece of evidence or part thereof; Provided that –
- (a) The Judge need not be the Judge or Justice presiding over the case;
- (b)The Judge may make such an order for evidence within a Criminal Complaint, before or after it is officially filed;
- (c) A Judge may not make such an order if the case is pending before the Supreme Court, unless the Judge is also a Justice of the Supreme Court;
- (d) The Judge must first satisfy themself that the Evidence would be admissible under §3 of this Article, including through requesting other evidence or testimony from the parties to the relevant case;
- (e) The Judge must provide a Finding of Fact(s) which are proved by the evidence (or multiple pieces of evidence which are redacted or filed normally for the purposes of the trial) in the context of the trial or Complaint if they grant such an order, or if not possible, a general summary of what the redacted evidence attempts to show, without disclosing facts which would be contrary to the national interest; and,
- (f) The evidence may be included in its full form or excluded completely even if the Judge makes an order for its redaction.[2]
- §5.2 The manner of obtaining the evidence, and details involving the evidence, including the content of any text within the message, or the location from which the evidence is obtained, shall not be called into question in the Inferior Courts, except as provided for in §5.1(d), or if the Judge determines that the revealing of the details in this Section would be expedient for the ends of justice.
- §5.3 Any order granted under this section may be referred to the Supreme Court for a review.
- §5.4 Objections under §3 of this Article may not be made for evidence presented under this section, after the evidence has been redacted.
- §5.5 A finding of fact in §5.1(e) shall not be called into question in the Inferior Courts.
- §5.5.1 If a finding of fact in §5.1(e) is called into question in any other court, the Judge who made the finding of fact must provide their grounds for making such a finding to the other court.[3]
Article 6: Joint Trials
§1. Several persons may be tried at once in a joint trial if they have engaged or conspired to engage in a criminal offense together.
§2. Regular trial procedures shall apply, however the Judge may either trial all persons concurrently or one after another.
§3. Within a joint trial, the defense may either provide a single defense attorney for all persons, or a person may apply to have a separate defense attorney if they provide one.
- §3.1. Within a joint trial, a person may not object to the attorney representing them after the trial has begun, unless the attorney does not cooperate with the represented person.
§4. To begin criminal proceedings, a Criminal Complaint shall be filed to the subreddit or relevant Discord channel.
Part 2: Criminal Proceedings
Article 7: General Provisions for Criminal Proceedings
§1. Criminal proceedings shall refer to the process commenced upon filing of a Criminal Complaint and ending upon a verdict or the withdrawal of the Criminal Complaint by the prosecution.
§2. Criminal proceedings shall be recorded by the department with the information portfolio using the format “SD v [Defendant] [Year] Crim [x]” where [x] shall be substituted by number of the criminal case that year.
§3. The legal entity against whom charges are sought shall be known as the defendant. The individual or representative of the state or organization presenting the charges shall be known as the prosecution. [1]The defendant has the Right to an Attorney as envisioned by this Act and the Constitution. The defendant shall have the Right to be represented in Court by an attorney in a manner, where all their Rights in Trial may be exercised by their attorney. Nobody shall be able to represent anybody but themself in court without certification by the Bar.
Repealed[3]
§4. To begin criminal proceedings, a Criminal Complaint shall be filed to the subreddit.§4. To begin criminal proceedings, a Criminal Complaint shall be filed.
- §4.1. The Criminal Complaint shall contain information necessary to identify the defendant, evidence necessary to reach a standard of probable cause as well as the charges pressed.
- §4.2. The charges shall consider the number of incidents of a certain crime that have occurred; where the sentencing guidelines apply per one count of a certain crime unless further specified.
- §4.3. The Criminal Complaint may be withdrawn by the prosecution at any time during the proceedings.
- §4.4. The Criminal Complaint may be filed in any channel on the SimDem Discord Server which the Judges of the Inferior Court and the Justices of the Supreme Court are able to view; Provided that –
- (a) The channel’s title or description must reference the fact that it is meant for communication with the Judiciary, or for filings in court;
- (b) The channel may be visible to the public, or provided only to the Judiciary and another party;
- (c) The channel must be owned by the government; and,
- (d) The Defendant must be notified of the filing of the complaint.[3]
§5. After a Criminal Complaint has been filed, the assigned Judge shall file a summons to the accused, containing the date of the pre-trial and the criminal complaint filed.
§6. All individuals charged with a criminal offense shall be entitled to a Public Defender assigned randomly by the state out of a pool of willing Certified Attorneys. Public Defenders shall represent the accused in the case they have been assigned to.
§7. All Public Defenders are entitled to monetary compensation paid for by the state.
- §7.1. The presiding Judge may void or alter this compensation if the Public Defender has conducted themselves inappropriately and/or failed to represent the accused to the best of their ability.
§8. If a criminal offense which has not caused any or which has caused very minor damage and social harm has been committed, the duty of the prosecutor’s office to pursue charges ought to be discretionary. Abuse of this subsection may be grounds for impeachment.
Article 8: Criminal Pre-Trial[2]
Repealed §1. A criminal trial shall be preceded by a pre-trial, which shall take place in a public courtroom on the Discord between twenty-four (24) hours and fourteen (14) days of the filing of the Criminal Complaint; minding any extensions.
§2. A motion to dismiss the charges may be made if the defendant is able to present evidence proving their innocence.
§3. A criminal pre-trial shall follow the following process:
- §3.1. The prosecution will bring forward the charge(s), cite the necessary documents, and recommend a sentence suitable for the crimes committed. The charges presented shall be the same as in the relevant Criminal Complaint. If the charges differ a mistrial shall be declared.
- §3.2. The defense shall plead either guilty, or not guilty to the charge(s).
- §3.3. Should the defense plead guilty, the Judge will sentence them during the pre-trial, and end the process here.
- §3.4. Should the defense plead not guilty, the pre-trial shall continue.
- §3.5. Either side may then motion for any motions available during the pre-trial.
- §3.6. The criminal trial shall occur on the date and time; within the following twenty-one (21) days, agreed upon by all parties during the pre-trial hearing, accounting for any extensions.
- §3.7. The court will declare the pre-trial over.
§4. Following a plea of guilty, the defendant may motion for the court to go into mitigation should the defendant disagree with the prosecution’s recommended sentence.
- §4.1. The defendant may only do so if they are able to show that the conditions of a statutory defense have been met, or if they wish to request clemency.
- §4.2. Should the court enter into mitigation, the prosecution shall present the reasoning for the recommended sentence. Following this, the defendant shall present reasoning why the recommended sentence is undue, and recommend a sentence to the Judge.
- §4.3. The Judge shall then rule on a sentence, and provide appropriate reasoning. A Judge shall sentence the defendant at their discretion, following the bounds of the Criminal Code.
§5. Any evidence either party wishes to use during the trial must be submitted to the courts at the conclusion of the pre-trial.
- §5.1. Evidence that has been subpoenaed through a motion shall be admissible regardless.
§1. A pre-trial shall be assigned to a judge on a separate rotating schedule from that one used to assign criminal trials and civil lawsuits, unless the constitutional requirement for judges to be assigned through such a schedule is removed, in which case any judge may start a pre-trial.
§2. A motion to dismiss the charges may be made if the defendant is able to present evidence proving their innocence.
- §2.1. A motion to dismiss may also be filed if the prosecutor has been shown to make multiple frivolous filings against a defendant.
§3. A criminal pre-trial shall follow the following process:
- §3.1. The prosecution will bring forward the charge(s), cite the necessary documents, and recommend a sentence suitable for the crimes committed. The Prosecution shall also present evidence on whether the defendant is likely to reoffend if released. The charges presented shall be the same as in the relevant Criminal Complaint. If the charges differ a mistrial shall be declared.
- §3.1.1. The Defense may then make a motion to dismiss, or provide evidence to show why the defendant is unlikely to reoffend.
- §3.2. The Judge shall then make a determination on whether there is Probable Cause for the Criminal Complaint. If there is not, the complaint must be dismissed and the defendant must be released.
- §3.3. The Judge shall then make a determination on whether the defendant is likely to reoffend, by considering –
- (a) The nature, number and seriousness of the accused's charges;
- (b) The accused's criminal history;
- (c) The accused's general character; and,
- (d) Such other factors the Judge considers necessary.
If the Judge determines that the defendant is likely to reoffend, the defendant will be arrested throughout the trial. Otherwise the defendant may be released until the conclusion of the trial.
- §3.2. The defense shall plead either guilty, or not guilty to the charge(s).
- §3.3. Should the defense plead guilty, the Judge will sentence them during the pre-trial, and end the process here.
- §3.3.1. If it appears to the Judge that –
- (a) The Defendant does not understand the nature or consequence of their Guilty Plea; or,
- (b) The Defendant does not completely agree with the facts as set out in the Criminal Complaint,
- The Judge may reject the guilty plea and enter a plea of not guilty.
- §3.3.1. If it appears to the Judge that –
- §3.4. Should the defense plead not guilty, the pre-trial shall continue.
- §3.4.1. If the defense refuses to make a plea, or does not make a plea within a reasonable time, the Judge shall enter a plea of Not Guilty.
- §3.4.1.1. The Court may postpone the taking of a plea, if there is a discussion on a plea deal.
- §3.4.1. If the defense refuses to make a plea, or does not make a plea within a reasonable time, the Judge shall enter a plea of Not Guilty.
- §3.5. Either side may then motion for any motions available during the pre-trial, including motions for redaction of evidence.
- §3.6. The court will declare the pre-trial over, and ensure all the documents, preliminary rulings and evidence are prepared for the trial court.
§4. Following a plea of guilty, the defendant may motion for the court to go into mitigation should the defendant disagree with the prosecution’s recommended sentence.
- §4.1. The defendant may only do so if they are able to show that the conditions of a statutory defense have been met, or if they wish to request clemency.
- §4.2. Should the court enter into mitigation, the prosecution shall present the reasoning for the recommended sentence. Following this, the defendant shall present reasoning why the recommended sentence is undue, and recommend a sentence to the Judge.
- §4.3. The Judge shall then rule on a sentence, and provide appropriate reasoning. The Judge shall sentence the defendant in accordance with law.
§5. Any evidence either party wishes to use during the trial must be submitted to the courts at the conclusion of the pre-trial.
- §5.1. Evidence that has been subpoenaed through a motion shall be admissible regardless.
Article 9: Criminal Trial
Repealed[2]
§1. Instead of the standard criminal process, the presiding justice or judge may, at their own discretion, declare a summary criminal trial.
- §1.1 Summary Criminal Trial shall be the criminal procedure recommended for criminal trials and should be used unless there is ample reason not to.
§1. A criminal trial shall follow the following process:
- §1.1. The prosecution shall present the charges, recommend sentencing and present their opening statement.
- §1.2. The defense shall present their opening statement.
- §1.3. The prosecution shall present their evidence, allowing the defense to cross-examine each article, then make main argumentation that the defense may respond to. The defense shall then do the same.
- §1.4. The prosecution shall bring forth any testimonies they wish to present, which must be presented via a first-party account. The defense will then be allowed to question the testimony. The defense shall then do the same.
- §1.5. The prosecution shall present their closing statement, followed by the defense presenting their closing statement.
- §1.6. Afterwards, the presiding Judge shall have twenty-four (24) hours to deliver the verdict, providing reasoning and citing relevant laws and precedents.
- §1.7. If the defense is found to not be guilty, they are free to go.
- §1.8. If the defense is found to be guilty, the Judge shall deliver their sentence.
§2. The defendant may plead guilty at any time during a criminal trial whereupon the trial shall be concluded and a summary verdict given.
§3. Should a party find new evidence during the trial that they consider to be vital to their case, they shall have the opportunity to enter a motion for recess on the grounds of new information.
- §3.1. Recess on the grounds of new information shall take a minimum of eight (8) hours, with a maximum of twenty-four (24) hours.
Article 10: Summary Criminal Trial
§1. Instead of the standard criminal process, the prosecution and defense may, upon mutual agreement, jointly request a summary criminal trial.
§2. A summary criminal trial shall skip the process of a pre-trial, requiring any motions available during the pre-trial and the evidence of the crime to be submitted within the criminal complaint or outside of court.
- §2.1. Motions for recess on grounds of new information may only be motioned if the party motioning displays that the evidence is vital to the case.
§3. A summary criminal trial shall follow the following process:
- §3.1. The prosecution shall present the charges, recommend a sentence and present their evidence.
- §3.2. The defendant may then cross examine the evidence and present any evidence in their favor, which they shall be required to deliver to the court at least twenty-four (24) hours before the summary trial.
- §3.3. The prosecution shall then cross-examine the defense’s evidence.
- §3.4. Afterwards, the presiding Judge shall have twenty-four (24) hours to deliver the verdict.
§4. If the defendant pleads guilty at any time during the summary criminal trial, the trial is to end and a summary verdict is to be given. The defendant may motion for the court to go into mitigation.
§5. The sentence given in a summary trial may not be higher than a one (1) month mute or ban.
§6. The Judge in a summary trial may provide a shortened legal reasoning within the verdict.
Article 11: Plea Deals
§1. A plea deal is to be defined as a deal between the prosecution and the defense, in which the defense chooses to plead guilty to their charges in exchange for a lighter sentence.
- §1.1. A plea deal may be offered to the adverse party, which may accept or reject the deal.
- §1.2. A plea deal may be withdrawn by the prosecution at any time.
- §1.3. In order for a plea deal to take effect, it must be presented to a Judge or Justice who shall decide whether to approve or reject it, and verify that both parties have agreed to it.
- §1.4. If a plea deal is rejected by a Judge or Justice, the defendant shall not be considered to have plead guilty and shall have the right to plead guilty or not guilty during the pre-trial.
Article 12: Pre-Trial and Trial in Absentia
§1. The presiding Judge may declare a pre-trial in absentia in any of the following cases:
- §1.1. The defendant not showing up at the decided time.
- §1.2. The defendant spamming the court's chatroom with unrelated messages.
- §1.3. The refusal of the defendant to participate in the pre-trial.
- §1.4. If there is no means of contacting the defendant, and a reasonable belief of the defendant not being able to attend the pre-trial or not desiring to participate in the pre-trial, the Judge may declare a pre-trial in absentia immediately.
- §1.5. If the defendant is convicted of Contempt of Court during proceedings.
- §1.6. If a self representing defendant leaves during the pre-trial.
§2. A Judge may declare a trial in absentia in any of the following cases:
- §2.1. If the defendant requests the trial's date to be prolonged by over one (1) month.
- §2.2. If the defendant does not show up at the decided time.
- §2.3. If the defendant requests the Trial's date to be prolonged despite having shown their activity in other communities.
- §2.4. If the defendant requests more than two extensions.
- §2.5. If the defendant spams the courtroom with unrelated messages.
- §2.6. If the defendant refuses to participate in the trial.
- §2.7. If there is no means of contacting the defendant, and a reasonable belief of the defendant not being able to attend the trial or not desiring to participate in the trial, the Judge may declare a trial in absentia immediately.
- §2.8. If the defendant is convicted for Contempt of the Court during the trial proceedings.
- §2.9. If there is a reasonable belief that the defendant will refuse to participate in the trial.
- §2.10. If a self representing defendant leaves during the trial.
§3. The defendant may request a pre-trial or trial in absentia.
- §3.1. If there is reasonable belief that the defendant will not appoint an attorney, or the defendant does not appoint an attorney within the allotted period; then a Public Defender shall be assigned.
- §3.2. Court shall be adjourned for a minimum of twenty-four (24) hours upon assignment of a Public Defender to allow time for them to familiarize themselves with the case.
§4. To begin civil proceedings, claims against a legal entity shall be filed to the Subreddit or relevant Discord channel.
§5. If a trial or pre-trial in absentia is declared, the defendant shall have twenty-four (24) hours to appoint legal representation.
§6. If a trial or pre-trial in absentia is declared, the defendant shall be under arrest until the conclusion of the trial.
- §6.1. If there is a reasonable belief that the prosecution does not actively pursue the case, the defendant shall be released.
Part 3: Civil Proceedings
Article 13: General Provisions for Civil Proceedings
§1. Civil proceedings shall refer to the process commenced upon the filing of claims against a legal entity and ending upon a verdict of not liable, a remedy imposed on the defendant or the withdrawal of the claims filed by the plaintiff.
§2. Civil proceedings shall be recorded by the department with the information portfolio using the format “[Plaintiff] v [Defendant] [Year] Civ [x]”, where [x] shall be substituted for the number of the civil case during that year.
§3. The legal entity filing the claim shall be known as the plaintiff, and the legal entity against whom the claim is filed shall be known as the defendant. [1] The defendant has the Right to an Attorney as envisioned by the Constitution. The defendant shall have the Right to be represented in Court by an attorney in a manner, where all their Rights in Trial may be exercised by their attorney. The plaintiff may choose to have an Attorney who shall represent them in a manner, where all their Rights may be exercised by their attorney. Nobody shall be able to represent anybody but themself in court without certification by the Bar.
§4. To begin civil proceedings, claims against a legal entity shall be filed to the Subreddit.
- §4.1. The lawsuit shall contain information necessary to identify the defendant, reasoning for the lawsuit, tort(s) charged, and any damages and/or remedies sought by the plaintiff.
- §4.2. The lawsuit may be withdrawn by the plaintiff at any time during proceedings.
§5. A motion of early dismissal may be made before the civil hearing by any party, if a lawsuit has no valid ground. The presiding Judge may dismiss a lawsuit themselves with adequate reasoning.
§6. Any and all evidence either party wishes to use during the hearing shall be made available to the court’s official evidence log no less than twenty-four (24) hours prior to the hearing.
- §6.1. Evidence that has been subpoenaed through a motion shall be admissible regardless.
Article 14: Civil Hearings
§1. A civil hearing shall take place between twenty-four (24) hours and seven (7) days of the filing of the claims; minding any extensions.
§2. A civil hearing shall follow the following process:
- §2.1. The plaintiff shall present their case, citing the necessary statutes, actions made by the defendant, or further relevant information.
- §2.2. The defendant shall present their opening statement.
- §2.3. The plaintiff shall present their evidence, allowing the defendant to cross-examine each article. The defendant shall then present their evidence, allowing the prosecution to cross-examine each article.
- §2.4. The plaintiff shall bring forth any testimonies they wish to present, which must be presented via a first-party account. The defendant will then be allowed to question the testimony. The defendant shall then do the same.
- §2.5. The plaintiff shall provide their closing statement, followed by the defendant providing their closing statement.
- §2.6. The presiding Judge shall have twenty-four (24) hours to deliver the verdict, providing reasoning and citing relevant acts, articles and precedents.
- §2.6.1. If the court finds in favor of the defendant, no compensation shall be given to the plaintiff.
- §2.6.2. If the court finds in favor of the plaintiff, then the Judge shall order the defendant to provide a remedy that the court finds suitable for the effects of their actions, within the guidelines specified in the SimDemocracy Civil Code.
§3. Should a party find new evidence during the trial that they consider to be vital to their case, they shall have the opportunity to enter a motion for recess on the grounds of new information.
- §3.1. Recess on the grounds of new information shall take a minimum of eight (8) hours, with a maximum of twenty-four (24) hours.
§4. Should either party fail to be present at the scheduled time, the hearing will automatically be found in favor of the party present.
- §4.1. Should the plaintiff be the absent party, they will be fined with an amount decided upon by the Judge at the hearing.
- §4.2. Should both parties fail to be present, the court will automatically dismiss the hearing, and no fines will be given.
- §4.3. If the absent party had a reasonable excuse for their absence and could not reasonably give notice, this section shall not apply and the hearing shall be rescheduled.
Amendments
- ↑ 1.0 1.1 1.2 1.3 Protecting The Right To A Legal Counsel and Fair Hearing Act
- ↑ 2.0 2.1 2.2 Amended by the Early Approval Act
- ↑ 3.0 3.1 3.2 Amended by the Court Room Procedures (Amendment) Act