Grosseschnauzer
TNPer
For any proceedings that may be filed or initiated with the Court the following interim Rules (Click me) will govern those proceedings until the Court takes final action on the adoption of the Rules. These replace the Interim Guidelines of the former Ministry of Justice insofar as the Interim Guidelines dealt with judicial proceedings. Participants in Court proceedings should take care to utilize the Interim COurt Rules, and not the Interim Guidelines with reference to Court proceedings.
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What follows are drafts of interim rules for the Court. While they are based upon the Interim Guidelines that were used by the former Ministry of Justice, they are organized a bit differently, and they have been updated to reflect the changes in the Constitution and the adoption of the law on criminal procedure as part of The North Pacific Legal Code that took place as a result of the constitutional convention and referendum in June and July, 2005.
The drafts explicitly indicate (via italics) what provisions are binding on the Court because they appear in either the Constitution or the Legal Code. Everything else is the proposed new rule language.
These drafts are being posted for public comments before the Court adopts them in final form, however, a majority of the Court has agreed that these draft rules will be used in the interim for any proceedings that are initiated in the Court of the North Pacific. (By way of explanation, Byardurkia and I consulted on this matter last night and agreed to the use of these draft rules for any proceedings while the Court considers them. I have not been able to reach Thyatira on Court matters.)
These drafts are posted in two parts. The Court has already posted the case assignment rotation provided in Rule 101, and the jury selection drawing for the balance of the current court term will take place as soon as the Minister of Immigration and Internal Affairs provides the court with the current list of registered voters.
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Interim Court Rules for Case Assignment Procedures
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 101. Case Assignment Procedures.
A - The judicial authority of the Regional Government is vested in The Court of The North Pacific, which is composed of the Chief Justice and at least two Associate Justices, with such an additional number as may be ascertained by law. Constitution, Article V, Section 1.
B - Trials and Hearings in civil, criminal and impeachment cases shall be before a single judicial officer. Constitution, Article V, Section 1.
C - Appeals of final judgments of trials and hearings shall be to the Court en banc before the Chief Justice and all of the Associate Justices. Constitution, Article V, Section 1.
D - The fallowing mechanism will be applied at the beginning of the term of office of the Court (February and August) to be used throughout that term of office or until there is a change in the identity of the Justices of the Court by resignation, expiration of the term of office, appointment of a replacement or additional Justice, or some other cause.
E - Each case, whether involving one or more parties as plaintiff, or one or more parties as defendant, shall be assigned to one of the Justices of the Court in strict rotation on the rotating assignment list.
F - In the event of a situation which bars any of the Justices from hearing a civil proceeding, the Chief Justice will designate a referee to hear the case.
G - The Chief Justice is authorized in the event of an emergency or expedited proceeding, to assign such case directly to himself or any available Associate Justice.
H - If for any reason, the Chief Justice is unavailable, and time is of the essence, then the Associate Justice with seniority in office shall make the assignment of an emergency or expedited case.
I - For purposes of this Rule, the Associate Justices will be ranked in order of seniority in office as determined by the date and time stamp of the posting of their oath of office (as required by TNP Law 1); and in the event two Justices post their oaths simultaneously, then the Associate Justice who has the longer continuous tenure as a Registered Voter shall have seniority for purposes of this Rule.
J - If another list needs to be generated within the same term of office, then the Chief Justice or the Associate Justice with seniority in office will generate a new assignment list.
K - The current case assignment list shall be posted by the Court in its forum.
Interim Court Rules for Jury Selection Procedures
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V, Section 3, Section 4, and Section 7 of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 201. Jury Selection Procedures.
A - The following mechanism will be applied at the beginning of the term of office of the Court (February and August) to be used throughout that term of office until the list has been exhausted. If another list needs to be generated within the same term of office, then the Court will generate a new drawing list following the procedures in this Rule.
B - The Chief Justice, or an Associate Justice, will obtain a current alphabetized list of registered voters from the Ministry of Immigration and Internal Affairs.
C - A list of numbers, equal to the number of registered voters then shown on that list, will be generated through use of a random sequence generator located at the Random.org website with the following URL: http://random.org./sform.html . As an example, if there are 50 registered voters, then a random list will be generated of numbers ranging from 1 to 50.
D - The numbers as shown in the generated list will be assigned to the list of voters in the same order in which the names and number appear on the generated number list and the alphabetical list. For example, if the ninth number on the list is 15, then the ninth name on the alphabetical list of voters will be placed in the fifteenth position.
E- The Justice conducting the jury drawing will then cause a second random list of numbers to be generated by the random sequence generator located at the Random.org website with the following URL: http://random.org./sform.html . As an example, if there are 50 registered voters, then a random list will be generated of numbers ranging from 1 to 50. The second random drawing is used to place the names in a random order for jury selection purposes.
F - The randomized list of registered voters will then be arranged in the order of their drawing numbers as it appears in the second random sequence generator list. This will be the order in which registered voters will be selected for a trial jury or grand jury for the that list. Thus a voter who was placed fifteenth in the first randomized list will be placed in the position of the number that is fifteenth on the second random list, such as 44. In this instance, such registered voter will have a position of 44th on the final jury drawing list.
G - Five jurors will be randomly selected for a trial by the presiding officer from a pool of registered voters. Registered voters who have an expressed bias or whom who have served on a jury in the past three months will be automatically excluded. If either counsel believes one of the selected jurors is unfit to serve for reasons of bias or a conflict of interest, the presiding officer will review the charge and if he/she finds it valid, the next available juror will be chosen from the random drawing list. If selected, a juror may decline to serve before the trial begins. Once the trial is started, the juror is required to complete their obligation. (Source: TNP Law 4.)
H - A panel of five registered voters who are not holding a Cabinet-level position and who are randomly selected from a jury pool shall be selected by the Chief Justice to review the evidence given. If the Chief Justice is being impeached, the Prime Minister will randomly select the Grand Jury. If any jury member expresses a clear bias, they shall be excluded from the Grand Jury and replaced with another juror. (Source: TNP Constitution Article V, Section 7.)
I - If the registered voter is a witness in the case, a Justice of the Court, the Attorney General, the Deputy Minister of Justice, or the prosecuting nation, the defendant nation, or a representative at the trial of the prosecutor or of the defendant, that registered voter will not be selected for the trial jury or grand jury being selected.
J - If the records of prior or current trials demonstrate that a registered voter has actually served or is currently serving on a jury during the three months preceding the date of the jury selection procedure for a particular trial, that registered voter will not be selected for the jury, unless all eligible jurors on the list have served on a jury within the preceding three months. In this event, a new random drawing list must be generated to replaced the exhausted random drawing list.
K - The selected trial jury or grand jury in a given proceeding will consist of the first five remaining and available registered voter names on the list.
L - An existing jury selection list will be exhausted by the Court before a new randomized list is drawn.
M - The current random selection jury list shall be posted by the Court in its forum.
Interim Court Rules of Evidence at Trials or Hearings
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V, Section 3, Section 4, and Section 7 of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 301. Rules of Evidence
A - These Rules govern matters of evidence in proceedings in the Court of The North Pacific.
B - These Rules will be construed to secure fairness in administration, elimination of unjustifiable delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
Rule 302. Preliminary Determinations Prior to Trial or Hearing.
A - Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence will be determined by the Court.
B - In making a determination, it is not bound by the rules of evidence except those with respect to privileges.
C - When the relevancy of evidence depends upon the fulfillment of a condition of fact, the Court will admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
D - A defendant in a criminal proceeding does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case. This rule does not limit the right of a party to introduce evidence before the jury that is relevant to weight or credibility.
Rule 303. Pretrial discovery of evidence and compilation of testimony.
A - Once a plea is entered in a criminal or impeachment proceeding, or a response to a complaint is filed in a civil proceeding, a period of time for the discovery of evidence and the compilation of witness testimony will commence.
B - This period will be no less than 24 hours, unless extended upon a request made for good cause shown, by the presiding judge.
C - In no case will the period of discovery and compilation exceed 14 days.
D - No witness will be interviewed by the prosecution or the defendant, or a representative of either side, for purposes of recording for use as trial testimony unless all parties have the opportunity to be present and to participate in the interview.
E - A record of the unedited interview will be made and filed with the presiding judge by private message, along with the objections raised by any of the parties and any comments that concern the objections.
F - Any objections to a question or an answer will be preserved as part of the record; the presiding judge will edit out the objections and any portions of the testimony that are found to be inappropriate for evidentiary purposes prior to use at trial.
Rule 304. Judicial Notice.
A - The Court may take judicial notice, whether requested or not, of a judicially noticed fact where it is one not subject to reasonable dispute in that it is either generally known within the jurisdiction of the Court or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
Rule 305. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.
A - All relevant evidence is admissible, except as otherwise provided by the Constitution of The North Pacific or the North Pacific Legal Code. Evidence which is not relevant is not admissible.
B - ‘‘Relevant evidence’’ means evidence that is material to the issues of the case, that is, the evidence has any tendency to make the existence of any fact that is of consequence to the determination of the ultimate action more probable or less probable than it would be without the evidence.
Rule 306. Exclusion of Relevant Evidence on Grounds of Privilege, Prejudice, or Waste of Time.
A - Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
B - At this time, the only privilege deemed applicable to testimony is an official privilege of government members concerning the conduct of their official duties as to matters deemed secret or confidential unless the appropriate authority in the government has determined that disclosure at trial would not cause an adverse effect on current government matters as to the defense or external relations of the region.
Rule 307. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes.
A - Evidence of a person’s character or a trait of character is not admissible for the purpose of proving a specific act in conformity therewith on a particular occasion.
B - Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith, but may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
C - In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person’s conduct. Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not, and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
Rule 308. Competency.
A - Every person is competent to be a witness, except as otherwise provided in these Rules.
B - A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
C - Evidence to prove personal knowledge may, but need not, consist of the witness’ own testimony.
D - This rule is subject to the requirements for opinion testimony by expert witnesses.
Rule 309. Judge or Juror as Witness.
A - The judge presiding at the trial may not testify in that trial as a witness.
B - A member of the jury may not testify as a witness before that jury in the trial of the case in which the juror is sitting.
C- No objection need be made in order to preserve either point on review.
Rule 310. Impeachment of Witness Credibility.
A - The credibility of a witness may be attacked by any party, including the party calling the witness.
Rule 311. Mode and Order of Interrogation and Presentation.
A - The Court will exercise reasonable control over the mode and order of interrogating witnesses by the recordation of testimony prior to trial for presentation to the jury as evidence so as to make the interrogation and presentation effective for the ascertainment of the truth, avoid needless consumption of time, and protect witnesses from harassment or undue embarrassment.
B - All testimony will be recorded by the parties prior to trial for presentation to the jury.
C - Pretrial recordation will permit the court to review any evidentiary objections and edit the transcript of testimony in accordance with the Court’s rulings prior to trial.
Rule 312. Examination of Witnesses.
A - Every witness shall be first examined by the party or its representative that called the witness and the witness is subject to cross-examination by all other parties or their representatives.
B - Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness.
C - The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.
D - Leading questions (that is, questions in which the answer is suggested by the wording of a question to a witness) should not be used on the direct examination of a witness except as may be necessary to develop the witness’ testimony.
E - Ordinarily leading questions should be permitted on cross-examination.
F - When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.
Rule 313. Use of Prior Statements of Witnesses.
A - In examining a witness in a recorded interview for use at a trial or hearing, concerning a prior statement made by the witness, the statement need not be shown nor its contents disclosed to the witness at that time; but on request the same will be shown or disclosed to opposing counsel.
B - Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require.
C - This provision does not apply to admissions of a party-opponent in a filing with the court.
Rule 314. Calling and Interrogation of Witnesses by Court.
A - The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.
B - The court may interrogate witnesses, whether called by itself or by a party.
C - The court may call or interrogate witnesses in a separate pre-trial session from other recorded interviews of a witness, provided all parties are invited to participate in the interview.
D - Objections to the calling of witnesses by the court or to interrogation by it may be made prior or during the recordation of testimony prior to the trial or hearing.
Rule 315. Opinion Testimony by Lay Witnesses.
A - If the witness is not testifying as an expert, the witness’ testimony in the form of opinions or inferences is limited to those opinions or inferences which are rationally based on the perception of the witness, helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge.
Rule 316. Opinion Testimony by Experts.
A - If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
Rule 317. Hearsay.
A- “Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted as opposed to proving the fact that the statement was made.
B - A statement that has circumstantial guarantees of trustworthiness is not excluded by the hearsay rule, if the court determines that the statement is offered as evidence of a material fact; the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and the general purposes of these guidelines and the interests of justice will best be served by admission of the statement into evidence.
C - Examples of such statements are written statements, the authenticity of which can be shown in the absence of editing or tampering at a subsequent time by any person, records of the government or other authority, or substantiation of the statement by other evidence.
Rule of 318. Requirement of Authentication or Identification.
A - The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
Rule 319. Electronic Evidence.
A - Parties are responsible for documenting all forms of electronic evidence, such as forum posts, private messages, or NS telegrams before they are presented at trial.
B - Such material will include the location of the material (with an URL if available), including the poster or sender, the recipient, and the date stamp of the material, and any other objective information that tends to establish that the material is bona fide and not a fabrication.
C - Parties are responsible for providing a copy of all such documents to the other parties in the proceedings prior to trial.
D - Documents not furnished to all parties prior to trial may be excluded from the trial by the presiding judge.
Interim Court Rules for Civil Proceedings
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 401. Rules for Civil Proceedings.
A - Any nation that believes some other nation in The North Pacific has caused injury to any right, liberty, privilege, protection, or other duty that belongs to that nation as a matter of right under the Constitution of The North Pacific, or The North Pacific Legal Code, and which does not rise to the level of a criminal offense, may file, or may request the Attorney General to file, a civil complaint. (Source: TNP Constitution, Article V, Secrion 3.)
Rule 402. Prosecution of Civil Proceedings.
A - The Attorney General shall be the Chief Prosecutor in The North Pacific and shall be the default prosecutor for all cases brought to trial in The North Pacific unless the Attorney General is charged; in that event the prosecutor shall be selected by the Chief Justice in a manner that is not arbitrary or capricious. (Source: TNP Law 4.)
B - The Attorney General may also choose to delegate the Prosecutor's role to a registered voter who shall not be a member of the current Cabinet. (Source: TNP Law 4.)
Rule 403. Content of Complaints.
A - The complaint shall plainly state the party’s claim and identify each provision of law that the party claims are the subject of the complaint.
B - The party shall further state in the claim the facts as are known to the party as of the time the complaint is filed that support its claim.
Rule 404. Notice of Civil Proceeding.
A - The claim shall identify the nation or nations in a manner sufficient for the Court to post a notice in the regional offsite forum and to either deliver a private message in the regional off-site forum or by telegram through Nationstates.
Rule 405. Response to Complaint.
A - The party or parties against whom the civil claim is brought shall have 5 days from the date of the notice to file a response.
B - Upon a motion to the court by a party showing sufficient grounds, the time period for response can be shortened or lengthened for a reasonable period as the circumstances warrant.
Rule 406. Default Judgment to Complaint.
A - If no response is filed, or if a response is filed after the time period for filing a response has expired, then the Court shall enter a judgment for the party that made the complaint, and shall determine the appropriate remedy.
Rule 407. Burden of proof and persuasion.
A - In any civil proceeding the party presenting the claim bears the burden of proof and persuasion.
B - The standard of proof of a claim or defense in a civil case shall be by the preponderance of the evidence.
C - That party or its representative (who may be the Attorney General or the Deputy Minister of Justice) will present the first opening statement, present its evidence first, and present the final closing statement at the hearing.
Rule 408. Request for Jury Trial.
A - Any party may request a jury trial as to issues of fact when there is no request for an expedited proceeding or the basic issues of the proceeding; in such instances, the Court will select a jury of five jurors once all pre-trial proceedings have been completed, including all witness interviews.
B- Court Rules 201, 514, and 515 apply to the selection of juries in civil proceedings.
Rule 409. Trial Order in Jury Trials.
A- When a jury is used for a civil proceeding, the presiding officer shall list the charges against the defendant and give instructions to the jury regarding deliberations and recommended remedies if the jury finds for the plaintiff. (Source: Based upon TNP Law 4.)
B - The prosecutor will then present evidence and witnesses relating to the charges. (Source: Based upon TNP Law 4.)
C - Afterwards, the defending Nation on trial (or their counsel) will present evidence and witnesses in their defense. (Source: Based upon TNP Law 4.)
Rule 410. Evidence Rules in Civil Proceedings.
A - The rules of evidence adopted by the Court shall be applicable.
Rule 411. Decision in Civil Proceedings.
A - The Court shall enter its findings of fact and conclusions of law on the record as soon as practicable after the hearing of the claim. The Court shall order any remedy proportionate to the findings entered by the Court.
Rule 412. Requests for Reconsideration.
A - A party may request reconsideration of the judgment on the basis of erroneous factual or legal findings; however, the basis of the motion should be on the basis of material that was not available to any party or the court prior to the hearing on the claim and which could not have been produced in a timely manner for the Court.
B - As a general practice, motions for reconsideration are disfavored, and a party moving for reconsideration bears the burden of persuasion and proof as to all aspects of the motion.
Rule 415. Appeal and Review.
A - Judgments in a civil case are subject to appeal and review by the Court en banc, as is any other case.
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Interim Court Rules for Criminal Proceedings
Under the authority vested in the Court of The North Pacific under Article V, Section 1, Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 501. Rules governing criminal and impeachment proceedings.
A - When used in these Rules “presiding judge” refers to the Justices of the Court, and in limited circumstances may refer to the Prime Minister acting in lieu of a Justice.
B - When used in these guidelines, “complaint” refers to either criminal indictments or articles of impeachment.
C - Criminal trials and impeachment proceedings may be heard by a Justice of the Court as the presiding judge, as determined by Court rules (unless circumstances require the Prime Minister to serve as the presiding judge at a trial on articles of impeachment.) See Constitution, Article V, Section 7.
D - In the event of other circumstances which bars all the Justices of the Court from hearing a criminal case (such as being the accuser or being a witness), the Chief Justice will designate a referee to act as a presiding judge at the trial to hear the case.
E - The following acts shall constitute grounds for civil, criminal or impeachment proceedings:
1 - Failure of a Nation to observe and abide by the Constitution of The North Pacific and The North Pacific Legal Code.
2 - Failure of a Nation to refrain from the threat or use of force against the territorial integrity or political independence of any other nation or region in a manner inconsistent with the Constitution of The North Pacific and the North Pacific Legal Code.
3 - Failure of a Nation to refrain from giving assistance to any nation or region against which The North Pacific is taking defensive or enforcement action. Exceptions is given to those Nations acting with official authorization of the North Pacific Army or the North Pacific Intelligence Agency, and is subject to the consent of the Cabinet officer having appropriate jurisdiction.
4 - Failure of a Nation to Observe Its Oath of Office or its Oath as a Registered Voter. Source: TNP Constitution, Article V, Section 5.
F - When charged with criminal acts, Nations of The North Pacific shall have a fair, impartial, and public trial before a neutral and impartial judicial officer. (Source: TNP Constitution, Article I, Clause 7.)
Rule 502. Initiation of criminal or impeachment proceeding.
A- Any nation that believes some other nation in The North Pacific may have committed a criminal offense, may file, or may request the Attorney General to file, an indictment.
B - All Nations of The North Pacific have the right to be protected against the abuse of powers by any official of a government authority of the region. Any Nation of The North Pacific has the right to request the impeachment of any official of a government authority of the region in accordance with this Constitution, that is deemed to have participated in such acts. (Source: TNP Constitution, Article I, Clause 5.)
C - If the filing would be directed toward the actions of a nation that is holding a position in the regional government, then the filing nation may file, or may request the Attorney General to file, articles of impeachment.
D - Any registered voter may bring charges against a Cabinet-level position if they believe the officeholder has violated this Constitution or partaken in other gross misconduct and must provide enough evidence to a Grand Jury to warrant a trial. (Source: TNP Constitution Article V, Section 7.)
E - In the event that a request is made that concerns either the Attorney General or the Prime Minister, as the case may be, the Chief Justice will exercise the authority of the Attorney General in these guidelines and will appoint a special prosecutor for trial purposes.
F - Any Nation eligible for ejection under the Constitution or The North Pacific Legal Code, but that disputes the charges, may request a trial. Certain offenses may warrant a mandatory trial.
G - No Nation shall be held to answer for a crime in a manner not prescribed by this Constitution or the Legal Code. No Nation shall be subjected to being twice put in jeopardy for the same offense. (Source: TNP Constitution, Article I, Clause 6.)
Rule 503. Role of Attorney General.
A - The Attorney General shall be the Chief Prosecutor in The North Pacific and shall be the default prosecutor for all cases brought to trial in The North Pacific unless the Attorney General is charged. (Source: TNP Law 4.)
B - In that event the prosecutor shall be selected by the Chief Justice in a manner that is not arbitrary or capricious. (Source: TNP Law 4.)
C - The Attorney General may also choose to delegate the Prosecutor's role to a registered voter who shall not be a member of the current Cabinet. (Source: TNP Law 4.)
Rule 504. Investigation of criminal complaint.
A - In the case of a request for the filing of an indictment, the Attorney General, if he determines the request is not frivolous, will investigate the request and any information provided in an expeditious manner and determine whether there is sufficient evidence of one or more violations that are described in Article V, Section 5 of the Constitution.
B- The Attorney General may make such inquiries and requests of any nation or region in connection with the investigation determined to be appropriate to the circumstances.
C - Once the investigation is completed, the Attorney General will determine whether the given information provides a reasonable basis to warrant a trial and the Attorney General will either file an indictment that states the charges for trial with the Court, or dismiss the request. In the event an indictment is filed, the presiding officer will call a trial.
Rule 505. Investigation of impeachment complaint.
A - In the case of a request for the filing of articles of impeachment as to a regional government official, and if it is determined the request is not frivolous, the Court will implement the procedures for the selection of a grand jury.
B - A panel of five registered voters who are not holding a Cabinet-level position and who are randomly selected from a jury pool shall be selected by the Chief Justice to review the evidence given. (Source: TNP Constitution Article V, Section 7.)
C - If the Chief Justice is being impeached, the Prime Minister will randomly select the Grand Jury. (Source: Constitution Article V, Section 7.)
D - If any jury member expresses a clear bias, they shall be excluded from the Grand Jury and replaced with another juror. (Source: Constitution Article V, Section 7.)
E - Once the grand jury is empaneled, it will investigate the information provided and determine whether there is sufficient evidence of one or more violations in the Constitution.
F - All proceedings shall be recorded and sealed by the Chief Justice, or his/her designees, where applicable (including the Prime Minister if the Chief Justice is being impeached), until that officeholder is either exonerated or removed from office. Thereafter, the proceedings shall be published. (Source: Constitution Article V, Section 7.)
G - The Grand Jury may make such inquiries and requests of any nation or region in connection with the investigation determined to be appropriate to the circumstances.
H - Once the investigation is begun, the Grand Jury will have not more than 96 hours to review and weigh the evidence cited in the request or complaint, and determine whether a trial is warranted. See also Constitution Article V, Section 7.
I- If the Grand Jury, by majority vote, decides that the given information provides a reasonable basis to warrant a trial for removal from office, the Chief Justice (or the Prime Minister, if the Chief Justice is being impeached) shall call a trial. (Source: Constitution Article V, Section 7.)
H - The Grand Jury shall document its decision through the filing of articles of impeachment with the Chief Justice (or the Prime Minister, where necessary).
Rule 506. Content of complaint.
A - The complaint will plainly state the charged violations and identify each provision of law that are the basis of a particular violation as alleged in the complaint.
B - The complaint will include a summary of the facts as are known as of the time the complaint is filed that support a particular violation alleged in the complaint.
Rule 507. Gag Orders.
A - Once a criminal charge is brought forth, neither the accuser, the defendant, or any party legally recognized as representing them, may reveal or discuss any details of the charge except in areas where specifically asked to do so by the presiding officer of the trial or a legal appointee of the Court. (Source: TNP Law 4.)
B - If discussion about the charge, or subjects related to the charge, is already ongoing at the time that the charge is made, the accuser, the defendant, and any party legally recognized as representing either of them, are forbidden to continue participating in the discussions. (Source: TNP Law 4.)
C - That ban shall continue until the case is resolved and closed by the proper legal official, as mandated by the Constitution, The North Pacific Legal Code, or other laws of the Region. (Source: TNP Law 4.)
Rule 508. Notice of Criminal or Impeachment Proceeding.
A - The complaint will identify the nation or nations in a manner sufficient for the presiding officer to post a notice in the regional offsite forum and to deliver either a private message in the regional off-site forum or a telegram through Nationstates to the nation(s) named in the complaint.
B - The nation(s) against whom the complaint is filed will have five days from the date of the notice to file a response with the presiding judge in a dedicated thread that is opened for the trial proceedings.
C - Upon an ex parte motion by a party to the presiding judge showing sufficient grounds, the time period for filing a response can be shortened or lengthened for a reasonable period as circumstances warrant.
Rule 509. Appointment of Defender.
A- A Nation may be represented by any counsel of the Nation's choosing. (Source: TNP Constitution, Article I, Clause 7.)
B - If the defendant refuses to participate or requests counsel, a public defender shall be provided. (Source: TNP Law 4.)
C - If a nation charged in a complaint fails to appear or is unable to obtain representation for the proceedings, a public defender may be appointed by the presiding judge to assist with the defense.
D - The request for appointment of counsel should be made as soon as is practicable, and whenever possible, prior to the entry of a plea to the complaint.
Rule 510. Effect of Plea on Jury Trial.
A - A defendant nation may enter a plea of “guilty,” “not guilty,” or “nolo contendere” to the complaint.
B - In the event of a “guilty”or “nolo contendere” plea, the sole function of the trial with a jury will be to determine an appropriate and proportionate sentence, and the evidence presented in the trial proceedings will be limited to those issues relevant to the assessment of punishment.
C - If the nation fails to appear or fails to enter a plea within the time permitted, the presiding judge will enter a “not guilty” plea.
Rule 511. Pretrial activities.
A - Unless extended by a motion of either side showing reasonable grounds granted by the presiding officer for the trial, the defendant, prosecutor and their legally recognized representatives have 24 hours to prepare their cases before a trial begins. (Source: TNP Law 4.)
Rule 512. Trial Jury Selection.
A - All criminal trials shall include a randomly selected trial jury of five registered voters drawn from the list of registered voters. (Source: TNP Constitution, Article V, Section 4.)
B - The jurors will be selected by the presiding officer. (Source: TNP Law 4.)
C - Registered voters who have an expressed bias or whom who have served on a jury in the past three months will be automatically excluded. Source: TNP Law 4.)
D - If counsel for any party believes one of the selected jurors is unfit to serve for reasons of bias or a conflict of interest, the presiding officer will review the charge and if he/she finds it valid, the next available juror will be chosen from the random drawing list. (Source: TNP Law 4.)
E - If selected, a juror may decline to serve before the trial begins. (Source: TNP Law 4.)
F - Once the trial is started, the juror is required to complete their obligation. (Source: TNP Law 4.)
Rule 513. Trial Jury composition.
A - At the conclusion of the pre-trial period, the presiding judge will randomly select a jury for trial of an indictment in accordance with the jury selection procedures.
B - An Impeachment trial shall be conducted under the same rules as a criminal trial, except that the Prime Minister shall preside if the Chief Justice is being impeached, and all remaining Cabinet Ministers shall serve as the Jury. (Source: TNP Constitution. Article V, Section 7.)
Rule 514. Trial presentation.
A - The presiding officer shall list the charges against the defendant and give instructions to the jury regarding deliberations and recommended sentences if the defendant is found guilty. (Source: TNP Law 4.)
B- No Nation shall ever be compelled in any criminal case to be a witness against itself. (Source: TNP Constitution, Article I, Clause 6.)
C - The prosecutor (who may be the Attorney General) will present the first opening statement, will present its evidence first, and will present the final closing statement at the trial.
D - The prosecutor will then present evidence and witnesses relating to the charges. Afterwards, the Nation on trial (or their counsel) will present evidence and witnesses in their defense. (Source: TNP Law 4.)
E - In all recorded testimony to be used at trial, every witness will be first examined by the party that calls the witness and the witness is subject to cross-examination by all other parties.
Rule 515. Burden of Proof and Pursuasion.
A - In any criminal proceeding, a Nation is presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. (Source: TNP Constitution, Article I, Clause 7.)
B- The Attorney General or the accusing nation bears the burden of proof and persuasion in the trial of a complaint.
C - The standard of proof of a charge or defense in such cases will be by a standard of reasonable certainty shown by the evidence that the act was committed.
Rule 516. Rules of Evidence.
A- The rules of the Court concerning evidence apply.
Rule 517. Function of Jury.
A - After both sides have presented their cases, the jury will deliberate on the verdict and, if the Nation is found guilty, determine the sentence. (Source: TNP Law 4.)
B - A majority of the jurors is required to reach a verdict and pass a sentence. (Source: TNP Law 4.)
C - A jury shall have the power to recommend a proportionate punishment to any conviction to the judicial officer, who shall impose such recommendation as the sentence of the Court provided that the sentence is proportionate to the offense in scope and duration. (Source: TNP Constitution, Article V, Section 4.)
Rule 518. Sentence.
A- No Nation convicted of a crime shall be subject to a punishment disproportionate to that crime. (Source: TNP Constitution, Article I, Clause 7.)
B - In a criminal trial, any sentence may include the suspension of any or all of a registered voter's rights to participate in the government as a registered voter, to hold office, to participate in the North Pacific Army, to participate in the North Pacific Intelligence Agency, or otherwise, as deemed appropriate to the circumstances. (Source: TNP Constitution, Article V, Section 4.)
C - In a criminal trial, any Nation may be expelled from The North Pacific if found guilty of the following:
1 - Violating any of the NationStates rules as provided on the NationStates.net website or as determined by a NationStates Moderator.
2 - Violations of The North Pacific Constitution.
3 - Violating the Regional membership regulations as outlined in Article I, Section 1 of the Constitution.
4 - Violating The North Pacific Legal Code or other laws of the Region.
5 - Violating the Rules and Regulations for Cabinet. (Source: TNP Constitution, Article VI, Section 1.)
C - In an impeachment trial, should the defendant be found guilty, they will be immediately removed from office. (Source: TNP Constitution Article V, Section 7.)
D - After removal from office following an impeachment trial, the removed officeholder may be subject to expulsion from the Region following a separate criminal trial. Source: TNP Constitution Article V, Section 7.)
E - In instances where a criminal trial is conducted following the removal from office of an officeholder, the only issue is the sentence to be imposed, if any, in addition to removal from office.
Rule 519. Entry of Verdict.
A - Once the jury has reached a verdict and a sentence on each charge, or has found it cannot reach a verdict and sentence as to a charge, and has completed its consideration of all charges tried in the case, the jury chairman, chosen by the jurors, will deliver the verdict to the presiding judge by private message, including any sentences if imposed. Partial Source: TNP Law 4.
B - The presiding judge will announce the jury’s verdict and will enter a judgment in the trial thread as soon as practicable after the verdict is provided to the presiding judge by the jury.
Rule 520. Entry of Sentence.
A - The Court will review the sentence and assure that the sentence imposed by the jury is proportionate to the verdict found by the jury. The court will either impose the sentence found by the jury or impose a lesser sentence if it finds a lesser sentence to be more proportionate to the verdict found by the jury.
B - The trial will be concluded once the presiding officer confirms and enforces the verdict. (Source: TNP Law 4.)
Rule 521. Appeal and Review.
A - Judgments in a criminal or impeachment case are subject to appeal and review by the Court en banc, as is any other case.
Interim Court Rules for Judicial Review Proceedings.
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 601. Requests for Judicial Review Proceedings.
A - Any nation may request the Court to review any statute, law, or other government action to determine whether that action, statute, or law is in conformity with or is in violation of a provision of this Constitution. (Source: TNP Constitution Article V, Section 8.)
B- A request for judicial review may be filed as a part of a civil, criminal, impeachment. or other proceeding, or as an independent judicial proceeding.
C - The Court may determine at its discretion, to refer the proceeding to the entire Court en banc, in which case, the Chief Justice will preside over the hearing.
Rule 602. Content of Complaints.
A - The request shall plainly state the party’s claim and identify each provision of law that the party claims are the subject of the complaint.
B - The party shall further state in the request the facts or circumstances as are known to the party as of the time the complaint is filed that support its request or the need for a judicial review.
Rule 603. Notice of Judicial Review Proceeding.
A - The request shall identify any nation or nations that may have a directly affected interest in the request in a manner sufficient for the Court to post a notice in the regional offsite forum and to either deliver a private message in the regional off-site forum or by telegram through Nationstates.
B - In any such proceeding, the Court shall give notice to the Prime Minister and the Attorney General of the request for judicial review, and may permit the Regional Government or any other interested parties to intervene in a judicial proceeding for the purposes of the requested judicial review. (Source: TNP Constitution Article V, Section 8.)
Rule 604. Response to Request.
A - The party or parties to whom notice is given, or who seek to intervene in the proceeding shall have 5 days from the date of the notice to file a response.
B - Upon a motion to the court by a party showing sufficient grounds, the time period for response can be shortened or lengthened for a reasonable period as the circumstances warrant.
Rule 605. Default Judgment to Request.
A - If no response is filed, or if a response is filed after the time period for filing a response has expired, then the Court shall enter a judgment for the party that made the complaint, and shall determine the appropriate remedy.
B- The Court may grant such a remedy as it determines to be appropriate in the circumstances. (Source: TNP Constitution Article V, Section 8.)
Rule 606. Burden of Proof and Persuasion.
A - In a request for judicial review, each party bears an equal burden of proof and persuasion.
B - In a judicial review proceeding, the matters in contention should be limited to matters of law and validity of an government action under the Constitution, or the interpretation of a provision of the Constitution, or of a law; for this reason, compilation of evidence or the recordation of testimony should be unnecessary. In the event an fact issue arises and the Court determines that the compilation of evidence or the recordation of testimony is required to resolve the issue of fact, then the Court may recess the proceeding for a period not to exceed 14 days to permit such compilation or recordation under the applicable in civil proceedings.
C - The standard of proof of a claim or defense in a civil case shall be by the preponderance of the evidence.
D - The party making the original request, or its representative (who may be the Attorney General or the Deputy Minister of Justice) will present the first argument and evidence, and have the right of rebuttal and present the final closing statement at the hearing.
Rule 607. Evidence Rules in Judicial Review Proceedings.
A - The rules of evidence adopted by the Court shall be applicable.
Rule 608. Decision.
A - The Court shall enter its findings of fact and conclusions of law on the record as soon as practicable after the hearing of the claim. The Court shall order any remedy proportionate to the findings entered by the Court.
Rule 609. Requests for Reconsideration.
A - A party may request reconsideration of the judgment on the basis of erroneous factual or legal findings; however, the basis of the motion should be on the basis of material that was not available to any party or the court prior to the hearing on the claim and which could not have been produced in a timely manner for the Court.
B - As a general practice, motions for reconsideration are disfavored, and a party moving for reconsideration bears the burden of persuasion and proof as to all aspects of the motion.
Rule 610. Appeal and Review.
A - Judgments in a judicial review proceeding are subject to appeal and review by the Court en banc, as is any other case.
Rule 611. Proceedings for Immediate Expulsion.
A - Proceedings under Article VI, Section 2, Clause 2 of the TNP Constitution, which provides in part that “The Judicial Branch .... can call a referendum vote of the registered voters of the Region for the purpose of approving a motion for immediate expulsion by the posting of the case and evidence of needed action in a thread within the Regional off-site Forum and a notification of the motion and referendum on the Regional message board at Nationstates.net at any time.” shall be condiucted under Rules 601 through 610.
Interim Court Rules for Appeals.
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 701. Scope of Appeal.
A - Appeals of final judgments of trials and hearings shall be to the Court en banc before the Chief Justice and all of the Associate Justices. (Source: TNP Constitution, Article V, Section 1.)
B - Appeals and reviews are not proceedings for the presentation of new evidence, but merely for the review for errors in a proceeding before a single justice (or other designated judicial officer). Accordingly, only the record of the proceeding before a single justice may be utilized by any party seeking review of a judgment in a trial or hearing.
C - A notice of appeal shall be filed with the Court within 48 hours of the entry of judgment.
Rule 702. Statement of Appeal.
A - The party seeking review of the judgment of a trial or hearing proceeding shall file a statement listing the errors it contends took place, and the basis in the factual record or rationale in the constitution, laws, or case decisions of the Court that support its contention as to each such error. This statement shall be posted with the Court within 72 hours.
B - Any other party to that trial or hearing proceeding shall have 72 hours to post a response to the statement of appeal. The response shall be organized in the same sequence as the statement of appeal.
Rule 703. Determination of Appeal.
A - Each sitting Justice, including the Justice who heard the original proceeding, shall participate in the appeal, unless a Justice is necessarily absent or is disqualified from participation for some other reason.
B - In the event of a disqualification, the Chief Justice, or the Associate Justice with seniority of tenure in office, shall designate one or more referees to act as members of the Court panel for purposes of determination of the appeal.
C - The Court shall privately confer for purposes of discussion and determination of the appeal. The Chief Justice, or the or the Associate Justice with seniority of tenure in office, will select a panel member who is in the majority who is responsible for the preparation of a written opinion statement determining the issues on appeal.
D - Any other justice (or member of the panel) may file a written concurrence or dissenting opinion statement. It is intended that the Court’s opinion, and any other opinion statements will be posted publicly at the same time.
Rule 704. Requests for Reconsideration.
A - A party may request reconsideration of the judgment on the basis of erroneous factual or legal findings; however, the basis of the motion should be only on the basis of material that was in the record before the Court, or to some other provision of the Constitution or laws of The North Pacific in force.
B - As a general practice, motions for reconsideration are disfavored, and a party moving for reconsideration bears the burden of persuasion and proof as to all aspects of the motion.
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What follows are drafts of interim rules for the Court. While they are based upon the Interim Guidelines that were used by the former Ministry of Justice, they are organized a bit differently, and they have been updated to reflect the changes in the Constitution and the adoption of the law on criminal procedure as part of The North Pacific Legal Code that took place as a result of the constitutional convention and referendum in June and July, 2005.
The drafts explicitly indicate (via italics) what provisions are binding on the Court because they appear in either the Constitution or the Legal Code. Everything else is the proposed new rule language.
These drafts are being posted for public comments before the Court adopts them in final form, however, a majority of the Court has agreed that these draft rules will be used in the interim for any proceedings that are initiated in the Court of the North Pacific. (By way of explanation, Byardurkia and I consulted on this matter last night and agreed to the use of these draft rules for any proceedings while the Court considers them. I have not been able to reach Thyatira on Court matters.)
These drafts are posted in two parts. The Court has already posted the case assignment rotation provided in Rule 101, and the jury selection drawing for the balance of the current court term will take place as soon as the Minister of Immigration and Internal Affairs provides the court with the current list of registered voters.
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Interim Court Rules for Case Assignment Procedures
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 101. Case Assignment Procedures.
A - The judicial authority of the Regional Government is vested in The Court of The North Pacific, which is composed of the Chief Justice and at least two Associate Justices, with such an additional number as may be ascertained by law. Constitution, Article V, Section 1.
B - Trials and Hearings in civil, criminal and impeachment cases shall be before a single judicial officer. Constitution, Article V, Section 1.
C - Appeals of final judgments of trials and hearings shall be to the Court en banc before the Chief Justice and all of the Associate Justices. Constitution, Article V, Section 1.
D - The fallowing mechanism will be applied at the beginning of the term of office of the Court (February and August) to be used throughout that term of office or until there is a change in the identity of the Justices of the Court by resignation, expiration of the term of office, appointment of a replacement or additional Justice, or some other cause.
E - Each case, whether involving one or more parties as plaintiff, or one or more parties as defendant, shall be assigned to one of the Justices of the Court in strict rotation on the rotating assignment list.
F - In the event of a situation which bars any of the Justices from hearing a civil proceeding, the Chief Justice will designate a referee to hear the case.
G - The Chief Justice is authorized in the event of an emergency or expedited proceeding, to assign such case directly to himself or any available Associate Justice.
H - If for any reason, the Chief Justice is unavailable, and time is of the essence, then the Associate Justice with seniority in office shall make the assignment of an emergency or expedited case.
I - For purposes of this Rule, the Associate Justices will be ranked in order of seniority in office as determined by the date and time stamp of the posting of their oath of office (as required by TNP Law 1); and in the event two Justices post their oaths simultaneously, then the Associate Justice who has the longer continuous tenure as a Registered Voter shall have seniority for purposes of this Rule.
J - If another list needs to be generated within the same term of office, then the Chief Justice or the Associate Justice with seniority in office will generate a new assignment list.
K - The current case assignment list shall be posted by the Court in its forum.
Interim Court Rules for Jury Selection Procedures
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V, Section 3, Section 4, and Section 7 of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 201. Jury Selection Procedures.
A - The following mechanism will be applied at the beginning of the term of office of the Court (February and August) to be used throughout that term of office until the list has been exhausted. If another list needs to be generated within the same term of office, then the Court will generate a new drawing list following the procedures in this Rule.
B - The Chief Justice, or an Associate Justice, will obtain a current alphabetized list of registered voters from the Ministry of Immigration and Internal Affairs.
C - A list of numbers, equal to the number of registered voters then shown on that list, will be generated through use of a random sequence generator located at the Random.org website with the following URL: http://random.org./sform.html . As an example, if there are 50 registered voters, then a random list will be generated of numbers ranging from 1 to 50.
D - The numbers as shown in the generated list will be assigned to the list of voters in the same order in which the names and number appear on the generated number list and the alphabetical list. For example, if the ninth number on the list is 15, then the ninth name on the alphabetical list of voters will be placed in the fifteenth position.
E- The Justice conducting the jury drawing will then cause a second random list of numbers to be generated by the random sequence generator located at the Random.org website with the following URL: http://random.org./sform.html . As an example, if there are 50 registered voters, then a random list will be generated of numbers ranging from 1 to 50. The second random drawing is used to place the names in a random order for jury selection purposes.
F - The randomized list of registered voters will then be arranged in the order of their drawing numbers as it appears in the second random sequence generator list. This will be the order in which registered voters will be selected for a trial jury or grand jury for the that list. Thus a voter who was placed fifteenth in the first randomized list will be placed in the position of the number that is fifteenth on the second random list, such as 44. In this instance, such registered voter will have a position of 44th on the final jury drawing list.
G - Five jurors will be randomly selected for a trial by the presiding officer from a pool of registered voters. Registered voters who have an expressed bias or whom who have served on a jury in the past three months will be automatically excluded. If either counsel believes one of the selected jurors is unfit to serve for reasons of bias or a conflict of interest, the presiding officer will review the charge and if he/she finds it valid, the next available juror will be chosen from the random drawing list. If selected, a juror may decline to serve before the trial begins. Once the trial is started, the juror is required to complete their obligation. (Source: TNP Law 4.)
H - A panel of five registered voters who are not holding a Cabinet-level position and who are randomly selected from a jury pool shall be selected by the Chief Justice to review the evidence given. If the Chief Justice is being impeached, the Prime Minister will randomly select the Grand Jury. If any jury member expresses a clear bias, they shall be excluded from the Grand Jury and replaced with another juror. (Source: TNP Constitution Article V, Section 7.)
I - If the registered voter is a witness in the case, a Justice of the Court, the Attorney General, the Deputy Minister of Justice, or the prosecuting nation, the defendant nation, or a representative at the trial of the prosecutor or of the defendant, that registered voter will not be selected for the trial jury or grand jury being selected.
J - If the records of prior or current trials demonstrate that a registered voter has actually served or is currently serving on a jury during the three months preceding the date of the jury selection procedure for a particular trial, that registered voter will not be selected for the jury, unless all eligible jurors on the list have served on a jury within the preceding three months. In this event, a new random drawing list must be generated to replaced the exhausted random drawing list.
K - The selected trial jury or grand jury in a given proceeding will consist of the first five remaining and available registered voter names on the list.
L - An existing jury selection list will be exhausted by the Court before a new randomized list is drawn.
M - The current random selection jury list shall be posted by the Court in its forum.
Interim Court Rules of Evidence at Trials or Hearings
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V, Section 3, Section 4, and Section 7 of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 301. Rules of Evidence
A - These Rules govern matters of evidence in proceedings in the Court of The North Pacific.
B - These Rules will be construed to secure fairness in administration, elimination of unjustifiable delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
Rule 302. Preliminary Determinations Prior to Trial or Hearing.
A - Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence will be determined by the Court.
B - In making a determination, it is not bound by the rules of evidence except those with respect to privileges.
C - When the relevancy of evidence depends upon the fulfillment of a condition of fact, the Court will admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
D - A defendant in a criminal proceeding does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case. This rule does not limit the right of a party to introduce evidence before the jury that is relevant to weight or credibility.
Rule 303. Pretrial discovery of evidence and compilation of testimony.
A - Once a plea is entered in a criminal or impeachment proceeding, or a response to a complaint is filed in a civil proceeding, a period of time for the discovery of evidence and the compilation of witness testimony will commence.
B - This period will be no less than 24 hours, unless extended upon a request made for good cause shown, by the presiding judge.
C - In no case will the period of discovery and compilation exceed 14 days.
D - No witness will be interviewed by the prosecution or the defendant, or a representative of either side, for purposes of recording for use as trial testimony unless all parties have the opportunity to be present and to participate in the interview.
E - A record of the unedited interview will be made and filed with the presiding judge by private message, along with the objections raised by any of the parties and any comments that concern the objections.
F - Any objections to a question or an answer will be preserved as part of the record; the presiding judge will edit out the objections and any portions of the testimony that are found to be inappropriate for evidentiary purposes prior to use at trial.
Rule 304. Judicial Notice.
A - The Court may take judicial notice, whether requested or not, of a judicially noticed fact where it is one not subject to reasonable dispute in that it is either generally known within the jurisdiction of the Court or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
Rule 305. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.
A - All relevant evidence is admissible, except as otherwise provided by the Constitution of The North Pacific or the North Pacific Legal Code. Evidence which is not relevant is not admissible.
B - ‘‘Relevant evidence’’ means evidence that is material to the issues of the case, that is, the evidence has any tendency to make the existence of any fact that is of consequence to the determination of the ultimate action more probable or less probable than it would be without the evidence.
Rule 306. Exclusion of Relevant Evidence on Grounds of Privilege, Prejudice, or Waste of Time.
A - Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
B - At this time, the only privilege deemed applicable to testimony is an official privilege of government members concerning the conduct of their official duties as to matters deemed secret or confidential unless the appropriate authority in the government has determined that disclosure at trial would not cause an adverse effect on current government matters as to the defense or external relations of the region.
Rule 307. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes.
A - Evidence of a person’s character or a trait of character is not admissible for the purpose of proving a specific act in conformity therewith on a particular occasion.
B - Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith, but may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
C - In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person’s conduct. Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not, and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
Rule 308. Competency.
A - Every person is competent to be a witness, except as otherwise provided in these Rules.
B - A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
C - Evidence to prove personal knowledge may, but need not, consist of the witness’ own testimony.
D - This rule is subject to the requirements for opinion testimony by expert witnesses.
Rule 309. Judge or Juror as Witness.
A - The judge presiding at the trial may not testify in that trial as a witness.
B - A member of the jury may not testify as a witness before that jury in the trial of the case in which the juror is sitting.
C- No objection need be made in order to preserve either point on review.
Rule 310. Impeachment of Witness Credibility.
A - The credibility of a witness may be attacked by any party, including the party calling the witness.
Rule 311. Mode and Order of Interrogation and Presentation.
A - The Court will exercise reasonable control over the mode and order of interrogating witnesses by the recordation of testimony prior to trial for presentation to the jury as evidence so as to make the interrogation and presentation effective for the ascertainment of the truth, avoid needless consumption of time, and protect witnesses from harassment or undue embarrassment.
B - All testimony will be recorded by the parties prior to trial for presentation to the jury.
C - Pretrial recordation will permit the court to review any evidentiary objections and edit the transcript of testimony in accordance with the Court’s rulings prior to trial.
Rule 312. Examination of Witnesses.
A - Every witness shall be first examined by the party or its representative that called the witness and the witness is subject to cross-examination by all other parties or their representatives.
B - Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness.
C - The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.
D - Leading questions (that is, questions in which the answer is suggested by the wording of a question to a witness) should not be used on the direct examination of a witness except as may be necessary to develop the witness’ testimony.
E - Ordinarily leading questions should be permitted on cross-examination.
F - When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.
Rule 313. Use of Prior Statements of Witnesses.
A - In examining a witness in a recorded interview for use at a trial or hearing, concerning a prior statement made by the witness, the statement need not be shown nor its contents disclosed to the witness at that time; but on request the same will be shown or disclosed to opposing counsel.
B - Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require.
C - This provision does not apply to admissions of a party-opponent in a filing with the court.
Rule 314. Calling and Interrogation of Witnesses by Court.
A - The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.
B - The court may interrogate witnesses, whether called by itself or by a party.
C - The court may call or interrogate witnesses in a separate pre-trial session from other recorded interviews of a witness, provided all parties are invited to participate in the interview.
D - Objections to the calling of witnesses by the court or to interrogation by it may be made prior or during the recordation of testimony prior to the trial or hearing.
Rule 315. Opinion Testimony by Lay Witnesses.
A - If the witness is not testifying as an expert, the witness’ testimony in the form of opinions or inferences is limited to those opinions or inferences which are rationally based on the perception of the witness, helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge.
Rule 316. Opinion Testimony by Experts.
A - If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
Rule 317. Hearsay.
A- “Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted as opposed to proving the fact that the statement was made.
B - A statement that has circumstantial guarantees of trustworthiness is not excluded by the hearsay rule, if the court determines that the statement is offered as evidence of a material fact; the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and the general purposes of these guidelines and the interests of justice will best be served by admission of the statement into evidence.
C - Examples of such statements are written statements, the authenticity of which can be shown in the absence of editing or tampering at a subsequent time by any person, records of the government or other authority, or substantiation of the statement by other evidence.
Rule of 318. Requirement of Authentication or Identification.
A - The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
Rule 319. Electronic Evidence.
A - Parties are responsible for documenting all forms of electronic evidence, such as forum posts, private messages, or NS telegrams before they are presented at trial.
B - Such material will include the location of the material (with an URL if available), including the poster or sender, the recipient, and the date stamp of the material, and any other objective information that tends to establish that the material is bona fide and not a fabrication.
C - Parties are responsible for providing a copy of all such documents to the other parties in the proceedings prior to trial.
D - Documents not furnished to all parties prior to trial may be excluded from the trial by the presiding judge.
Interim Court Rules for Civil Proceedings
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 401. Rules for Civil Proceedings.
A - Any nation that believes some other nation in The North Pacific has caused injury to any right, liberty, privilege, protection, or other duty that belongs to that nation as a matter of right under the Constitution of The North Pacific, or The North Pacific Legal Code, and which does not rise to the level of a criminal offense, may file, or may request the Attorney General to file, a civil complaint. (Source: TNP Constitution, Article V, Secrion 3.)
Rule 402. Prosecution of Civil Proceedings.
A - The Attorney General shall be the Chief Prosecutor in The North Pacific and shall be the default prosecutor for all cases brought to trial in The North Pacific unless the Attorney General is charged; in that event the prosecutor shall be selected by the Chief Justice in a manner that is not arbitrary or capricious. (Source: TNP Law 4.)
B - The Attorney General may also choose to delegate the Prosecutor's role to a registered voter who shall not be a member of the current Cabinet. (Source: TNP Law 4.)
Rule 403. Content of Complaints.
A - The complaint shall plainly state the party’s claim and identify each provision of law that the party claims are the subject of the complaint.
B - The party shall further state in the claim the facts as are known to the party as of the time the complaint is filed that support its claim.
Rule 404. Notice of Civil Proceeding.
A - The claim shall identify the nation or nations in a manner sufficient for the Court to post a notice in the regional offsite forum and to either deliver a private message in the regional off-site forum or by telegram through Nationstates.
Rule 405. Response to Complaint.
A - The party or parties against whom the civil claim is brought shall have 5 days from the date of the notice to file a response.
B - Upon a motion to the court by a party showing sufficient grounds, the time period for response can be shortened or lengthened for a reasonable period as the circumstances warrant.
Rule 406. Default Judgment to Complaint.
A - If no response is filed, or if a response is filed after the time period for filing a response has expired, then the Court shall enter a judgment for the party that made the complaint, and shall determine the appropriate remedy.
Rule 407. Burden of proof and persuasion.
A - In any civil proceeding the party presenting the claim bears the burden of proof and persuasion.
B - The standard of proof of a claim or defense in a civil case shall be by the preponderance of the evidence.
C - That party or its representative (who may be the Attorney General or the Deputy Minister of Justice) will present the first opening statement, present its evidence first, and present the final closing statement at the hearing.
Rule 408. Request for Jury Trial.
A - Any party may request a jury trial as to issues of fact when there is no request for an expedited proceeding or the basic issues of the proceeding; in such instances, the Court will select a jury of five jurors once all pre-trial proceedings have been completed, including all witness interviews.
B- Court Rules 201, 514, and 515 apply to the selection of juries in civil proceedings.
Rule 409. Trial Order in Jury Trials.
A- When a jury is used for a civil proceeding, the presiding officer shall list the charges against the defendant and give instructions to the jury regarding deliberations and recommended remedies if the jury finds for the plaintiff. (Source: Based upon TNP Law 4.)
B - The prosecutor will then present evidence and witnesses relating to the charges. (Source: Based upon TNP Law 4.)
C - Afterwards, the defending Nation on trial (or their counsel) will present evidence and witnesses in their defense. (Source: Based upon TNP Law 4.)
Rule 410. Evidence Rules in Civil Proceedings.
A - The rules of evidence adopted by the Court shall be applicable.
Rule 411. Decision in Civil Proceedings.
A - The Court shall enter its findings of fact and conclusions of law on the record as soon as practicable after the hearing of the claim. The Court shall order any remedy proportionate to the findings entered by the Court.
Rule 412. Requests for Reconsideration.
A - A party may request reconsideration of the judgment on the basis of erroneous factual or legal findings; however, the basis of the motion should be on the basis of material that was not available to any party or the court prior to the hearing on the claim and which could not have been produced in a timely manner for the Court.
B - As a general practice, motions for reconsideration are disfavored, and a party moving for reconsideration bears the burden of persuasion and proof as to all aspects of the motion.
Rule 415. Appeal and Review.
A - Judgments in a civil case are subject to appeal and review by the Court en banc, as is any other case.
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Interim Court Rules for Criminal Proceedings
Under the authority vested in the Court of The North Pacific under Article V, Section 1, Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 501. Rules governing criminal and impeachment proceedings.
A - When used in these Rules “presiding judge” refers to the Justices of the Court, and in limited circumstances may refer to the Prime Minister acting in lieu of a Justice.
B - When used in these guidelines, “complaint” refers to either criminal indictments or articles of impeachment.
C - Criminal trials and impeachment proceedings may be heard by a Justice of the Court as the presiding judge, as determined by Court rules (unless circumstances require the Prime Minister to serve as the presiding judge at a trial on articles of impeachment.) See Constitution, Article V, Section 7.
D - In the event of other circumstances which bars all the Justices of the Court from hearing a criminal case (such as being the accuser or being a witness), the Chief Justice will designate a referee to act as a presiding judge at the trial to hear the case.
E - The following acts shall constitute grounds for civil, criminal or impeachment proceedings:
1 - Failure of a Nation to observe and abide by the Constitution of The North Pacific and The North Pacific Legal Code.
2 - Failure of a Nation to refrain from the threat or use of force against the territorial integrity or political independence of any other nation or region in a manner inconsistent with the Constitution of The North Pacific and the North Pacific Legal Code.
3 - Failure of a Nation to refrain from giving assistance to any nation or region against which The North Pacific is taking defensive or enforcement action. Exceptions is given to those Nations acting with official authorization of the North Pacific Army or the North Pacific Intelligence Agency, and is subject to the consent of the Cabinet officer having appropriate jurisdiction.
4 - Failure of a Nation to Observe Its Oath of Office or its Oath as a Registered Voter. Source: TNP Constitution, Article V, Section 5.
F - When charged with criminal acts, Nations of The North Pacific shall have a fair, impartial, and public trial before a neutral and impartial judicial officer. (Source: TNP Constitution, Article I, Clause 7.)
Rule 502. Initiation of criminal or impeachment proceeding.
A- Any nation that believes some other nation in The North Pacific may have committed a criminal offense, may file, or may request the Attorney General to file, an indictment.
B - All Nations of The North Pacific have the right to be protected against the abuse of powers by any official of a government authority of the region. Any Nation of The North Pacific has the right to request the impeachment of any official of a government authority of the region in accordance with this Constitution, that is deemed to have participated in such acts. (Source: TNP Constitution, Article I, Clause 5.)
C - If the filing would be directed toward the actions of a nation that is holding a position in the regional government, then the filing nation may file, or may request the Attorney General to file, articles of impeachment.
D - Any registered voter may bring charges against a Cabinet-level position if they believe the officeholder has violated this Constitution or partaken in other gross misconduct and must provide enough evidence to a Grand Jury to warrant a trial. (Source: TNP Constitution Article V, Section 7.)
E - In the event that a request is made that concerns either the Attorney General or the Prime Minister, as the case may be, the Chief Justice will exercise the authority of the Attorney General in these guidelines and will appoint a special prosecutor for trial purposes.
F - Any Nation eligible for ejection under the Constitution or The North Pacific Legal Code, but that disputes the charges, may request a trial. Certain offenses may warrant a mandatory trial.
G - No Nation shall be held to answer for a crime in a manner not prescribed by this Constitution or the Legal Code. No Nation shall be subjected to being twice put in jeopardy for the same offense. (Source: TNP Constitution, Article I, Clause 6.)
Rule 503. Role of Attorney General.
A - The Attorney General shall be the Chief Prosecutor in The North Pacific and shall be the default prosecutor for all cases brought to trial in The North Pacific unless the Attorney General is charged. (Source: TNP Law 4.)
B - In that event the prosecutor shall be selected by the Chief Justice in a manner that is not arbitrary or capricious. (Source: TNP Law 4.)
C - The Attorney General may also choose to delegate the Prosecutor's role to a registered voter who shall not be a member of the current Cabinet. (Source: TNP Law 4.)
Rule 504. Investigation of criminal complaint.
A - In the case of a request for the filing of an indictment, the Attorney General, if he determines the request is not frivolous, will investigate the request and any information provided in an expeditious manner and determine whether there is sufficient evidence of one or more violations that are described in Article V, Section 5 of the Constitution.
B- The Attorney General may make such inquiries and requests of any nation or region in connection with the investigation determined to be appropriate to the circumstances.
C - Once the investigation is completed, the Attorney General will determine whether the given information provides a reasonable basis to warrant a trial and the Attorney General will either file an indictment that states the charges for trial with the Court, or dismiss the request. In the event an indictment is filed, the presiding officer will call a trial.
Rule 505. Investigation of impeachment complaint.
A - In the case of a request for the filing of articles of impeachment as to a regional government official, and if it is determined the request is not frivolous, the Court will implement the procedures for the selection of a grand jury.
B - A panel of five registered voters who are not holding a Cabinet-level position and who are randomly selected from a jury pool shall be selected by the Chief Justice to review the evidence given. (Source: TNP Constitution Article V, Section 7.)
C - If the Chief Justice is being impeached, the Prime Minister will randomly select the Grand Jury. (Source: Constitution Article V, Section 7.)
D - If any jury member expresses a clear bias, they shall be excluded from the Grand Jury and replaced with another juror. (Source: Constitution Article V, Section 7.)
E - Once the grand jury is empaneled, it will investigate the information provided and determine whether there is sufficient evidence of one or more violations in the Constitution.
F - All proceedings shall be recorded and sealed by the Chief Justice, or his/her designees, where applicable (including the Prime Minister if the Chief Justice is being impeached), until that officeholder is either exonerated or removed from office. Thereafter, the proceedings shall be published. (Source: Constitution Article V, Section 7.)
G - The Grand Jury may make such inquiries and requests of any nation or region in connection with the investigation determined to be appropriate to the circumstances.
H - Once the investigation is begun, the Grand Jury will have not more than 96 hours to review and weigh the evidence cited in the request or complaint, and determine whether a trial is warranted. See also Constitution Article V, Section 7.
I- If the Grand Jury, by majority vote, decides that the given information provides a reasonable basis to warrant a trial for removal from office, the Chief Justice (or the Prime Minister, if the Chief Justice is being impeached) shall call a trial. (Source: Constitution Article V, Section 7.)
H - The Grand Jury shall document its decision through the filing of articles of impeachment with the Chief Justice (or the Prime Minister, where necessary).
Rule 506. Content of complaint.
A - The complaint will plainly state the charged violations and identify each provision of law that are the basis of a particular violation as alleged in the complaint.
B - The complaint will include a summary of the facts as are known as of the time the complaint is filed that support a particular violation alleged in the complaint.
Rule 507. Gag Orders.
A - Once a criminal charge is brought forth, neither the accuser, the defendant, or any party legally recognized as representing them, may reveal or discuss any details of the charge except in areas where specifically asked to do so by the presiding officer of the trial or a legal appointee of the Court. (Source: TNP Law 4.)
B - If discussion about the charge, or subjects related to the charge, is already ongoing at the time that the charge is made, the accuser, the defendant, and any party legally recognized as representing either of them, are forbidden to continue participating in the discussions. (Source: TNP Law 4.)
C - That ban shall continue until the case is resolved and closed by the proper legal official, as mandated by the Constitution, The North Pacific Legal Code, or other laws of the Region. (Source: TNP Law 4.)
Rule 508. Notice of Criminal or Impeachment Proceeding.
A - The complaint will identify the nation or nations in a manner sufficient for the presiding officer to post a notice in the regional offsite forum and to deliver either a private message in the regional off-site forum or a telegram through Nationstates to the nation(s) named in the complaint.
B - The nation(s) against whom the complaint is filed will have five days from the date of the notice to file a response with the presiding judge in a dedicated thread that is opened for the trial proceedings.
C - Upon an ex parte motion by a party to the presiding judge showing sufficient grounds, the time period for filing a response can be shortened or lengthened for a reasonable period as circumstances warrant.
Rule 509. Appointment of Defender.
A- A Nation may be represented by any counsel of the Nation's choosing. (Source: TNP Constitution, Article I, Clause 7.)
B - If the defendant refuses to participate or requests counsel, a public defender shall be provided. (Source: TNP Law 4.)
C - If a nation charged in a complaint fails to appear or is unable to obtain representation for the proceedings, a public defender may be appointed by the presiding judge to assist with the defense.
D - The request for appointment of counsel should be made as soon as is practicable, and whenever possible, prior to the entry of a plea to the complaint.
Rule 510. Effect of Plea on Jury Trial.
A - A defendant nation may enter a plea of “guilty,” “not guilty,” or “nolo contendere” to the complaint.
B - In the event of a “guilty”or “nolo contendere” plea, the sole function of the trial with a jury will be to determine an appropriate and proportionate sentence, and the evidence presented in the trial proceedings will be limited to those issues relevant to the assessment of punishment.
C - If the nation fails to appear or fails to enter a plea within the time permitted, the presiding judge will enter a “not guilty” plea.
Rule 511. Pretrial activities.
A - Unless extended by a motion of either side showing reasonable grounds granted by the presiding officer for the trial, the defendant, prosecutor and their legally recognized representatives have 24 hours to prepare their cases before a trial begins. (Source: TNP Law 4.)
Rule 512. Trial Jury Selection.
A - All criminal trials shall include a randomly selected trial jury of five registered voters drawn from the list of registered voters. (Source: TNP Constitution, Article V, Section 4.)
B - The jurors will be selected by the presiding officer. (Source: TNP Law 4.)
C - Registered voters who have an expressed bias or whom who have served on a jury in the past three months will be automatically excluded. Source: TNP Law 4.)
D - If counsel for any party believes one of the selected jurors is unfit to serve for reasons of bias or a conflict of interest, the presiding officer will review the charge and if he/she finds it valid, the next available juror will be chosen from the random drawing list. (Source: TNP Law 4.)
E - If selected, a juror may decline to serve before the trial begins. (Source: TNP Law 4.)
F - Once the trial is started, the juror is required to complete their obligation. (Source: TNP Law 4.)
Rule 513. Trial Jury composition.
A - At the conclusion of the pre-trial period, the presiding judge will randomly select a jury for trial of an indictment in accordance with the jury selection procedures.
B - An Impeachment trial shall be conducted under the same rules as a criminal trial, except that the Prime Minister shall preside if the Chief Justice is being impeached, and all remaining Cabinet Ministers shall serve as the Jury. (Source: TNP Constitution. Article V, Section 7.)
Rule 514. Trial presentation.
A - The presiding officer shall list the charges against the defendant and give instructions to the jury regarding deliberations and recommended sentences if the defendant is found guilty. (Source: TNP Law 4.)
B- No Nation shall ever be compelled in any criminal case to be a witness against itself. (Source: TNP Constitution, Article I, Clause 6.)
C - The prosecutor (who may be the Attorney General) will present the first opening statement, will present its evidence first, and will present the final closing statement at the trial.
D - The prosecutor will then present evidence and witnesses relating to the charges. Afterwards, the Nation on trial (or their counsel) will present evidence and witnesses in their defense. (Source: TNP Law 4.)
E - In all recorded testimony to be used at trial, every witness will be first examined by the party that calls the witness and the witness is subject to cross-examination by all other parties.
Rule 515. Burden of Proof and Pursuasion.
A - In any criminal proceeding, a Nation is presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. (Source: TNP Constitution, Article I, Clause 7.)
B- The Attorney General or the accusing nation bears the burden of proof and persuasion in the trial of a complaint.
C - The standard of proof of a charge or defense in such cases will be by a standard of reasonable certainty shown by the evidence that the act was committed.
Rule 516. Rules of Evidence.
A- The rules of the Court concerning evidence apply.
Rule 517. Function of Jury.
A - After both sides have presented their cases, the jury will deliberate on the verdict and, if the Nation is found guilty, determine the sentence. (Source: TNP Law 4.)
B - A majority of the jurors is required to reach a verdict and pass a sentence. (Source: TNP Law 4.)
C - A jury shall have the power to recommend a proportionate punishment to any conviction to the judicial officer, who shall impose such recommendation as the sentence of the Court provided that the sentence is proportionate to the offense in scope and duration. (Source: TNP Constitution, Article V, Section 4.)
Rule 518. Sentence.
A- No Nation convicted of a crime shall be subject to a punishment disproportionate to that crime. (Source: TNP Constitution, Article I, Clause 7.)
B - In a criminal trial, any sentence may include the suspension of any or all of a registered voter's rights to participate in the government as a registered voter, to hold office, to participate in the North Pacific Army, to participate in the North Pacific Intelligence Agency, or otherwise, as deemed appropriate to the circumstances. (Source: TNP Constitution, Article V, Section 4.)
C - In a criminal trial, any Nation may be expelled from The North Pacific if found guilty of the following:
1 - Violating any of the NationStates rules as provided on the NationStates.net website or as determined by a NationStates Moderator.
2 - Violations of The North Pacific Constitution.
3 - Violating the Regional membership regulations as outlined in Article I, Section 1 of the Constitution.
4 - Violating The North Pacific Legal Code or other laws of the Region.
5 - Violating the Rules and Regulations for Cabinet. (Source: TNP Constitution, Article VI, Section 1.)
C - In an impeachment trial, should the defendant be found guilty, they will be immediately removed from office. (Source: TNP Constitution Article V, Section 7.)
D - After removal from office following an impeachment trial, the removed officeholder may be subject to expulsion from the Region following a separate criminal trial. Source: TNP Constitution Article V, Section 7.)
E - In instances where a criminal trial is conducted following the removal from office of an officeholder, the only issue is the sentence to be imposed, if any, in addition to removal from office.
Rule 519. Entry of Verdict.
A - Once the jury has reached a verdict and a sentence on each charge, or has found it cannot reach a verdict and sentence as to a charge, and has completed its consideration of all charges tried in the case, the jury chairman, chosen by the jurors, will deliver the verdict to the presiding judge by private message, including any sentences if imposed. Partial Source: TNP Law 4.
B - The presiding judge will announce the jury’s verdict and will enter a judgment in the trial thread as soon as practicable after the verdict is provided to the presiding judge by the jury.
Rule 520. Entry of Sentence.
A - The Court will review the sentence and assure that the sentence imposed by the jury is proportionate to the verdict found by the jury. The court will either impose the sentence found by the jury or impose a lesser sentence if it finds a lesser sentence to be more proportionate to the verdict found by the jury.
B - The trial will be concluded once the presiding officer confirms and enforces the verdict. (Source: TNP Law 4.)
Rule 521. Appeal and Review.
A - Judgments in a criminal or impeachment case are subject to appeal and review by the Court en banc, as is any other case.
Interim Court Rules for Judicial Review Proceedings.
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 601. Requests for Judicial Review Proceedings.
A - Any nation may request the Court to review any statute, law, or other government action to determine whether that action, statute, or law is in conformity with or is in violation of a provision of this Constitution. (Source: TNP Constitution Article V, Section 8.)
B- A request for judicial review may be filed as a part of a civil, criminal, impeachment. or other proceeding, or as an independent judicial proceeding.
C - The Court may determine at its discretion, to refer the proceeding to the entire Court en banc, in which case, the Chief Justice will preside over the hearing.
Rule 602. Content of Complaints.
A - The request shall plainly state the party’s claim and identify each provision of law that the party claims are the subject of the complaint.
B - The party shall further state in the request the facts or circumstances as are known to the party as of the time the complaint is filed that support its request or the need for a judicial review.
Rule 603. Notice of Judicial Review Proceeding.
A - The request shall identify any nation or nations that may have a directly affected interest in the request in a manner sufficient for the Court to post a notice in the regional offsite forum and to either deliver a private message in the regional off-site forum or by telegram through Nationstates.
B - In any such proceeding, the Court shall give notice to the Prime Minister and the Attorney General of the request for judicial review, and may permit the Regional Government or any other interested parties to intervene in a judicial proceeding for the purposes of the requested judicial review. (Source: TNP Constitution Article V, Section 8.)
Rule 604. Response to Request.
A - The party or parties to whom notice is given, or who seek to intervene in the proceeding shall have 5 days from the date of the notice to file a response.
B - Upon a motion to the court by a party showing sufficient grounds, the time period for response can be shortened or lengthened for a reasonable period as the circumstances warrant.
Rule 605. Default Judgment to Request.
A - If no response is filed, or if a response is filed after the time period for filing a response has expired, then the Court shall enter a judgment for the party that made the complaint, and shall determine the appropriate remedy.
B- The Court may grant such a remedy as it determines to be appropriate in the circumstances. (Source: TNP Constitution Article V, Section 8.)
Rule 606. Burden of Proof and Persuasion.
A - In a request for judicial review, each party bears an equal burden of proof and persuasion.
B - In a judicial review proceeding, the matters in contention should be limited to matters of law and validity of an government action under the Constitution, or the interpretation of a provision of the Constitution, or of a law; for this reason, compilation of evidence or the recordation of testimony should be unnecessary. In the event an fact issue arises and the Court determines that the compilation of evidence or the recordation of testimony is required to resolve the issue of fact, then the Court may recess the proceeding for a period not to exceed 14 days to permit such compilation or recordation under the applicable in civil proceedings.
C - The standard of proof of a claim or defense in a civil case shall be by the preponderance of the evidence.
D - The party making the original request, or its representative (who may be the Attorney General or the Deputy Minister of Justice) will present the first argument and evidence, and have the right of rebuttal and present the final closing statement at the hearing.
Rule 607. Evidence Rules in Judicial Review Proceedings.
A - The rules of evidence adopted by the Court shall be applicable.
Rule 608. Decision.
A - The Court shall enter its findings of fact and conclusions of law on the record as soon as practicable after the hearing of the claim. The Court shall order any remedy proportionate to the findings entered by the Court.
Rule 609. Requests for Reconsideration.
A - A party may request reconsideration of the judgment on the basis of erroneous factual or legal findings; however, the basis of the motion should be on the basis of material that was not available to any party or the court prior to the hearing on the claim and which could not have been produced in a timely manner for the Court.
B - As a general practice, motions for reconsideration are disfavored, and a party moving for reconsideration bears the burden of persuasion and proof as to all aspects of the motion.
Rule 610. Appeal and Review.
A - Judgments in a judicial review proceeding are subject to appeal and review by the Court en banc, as is any other case.
Rule 611. Proceedings for Immediate Expulsion.
A - Proceedings under Article VI, Section 2, Clause 2 of the TNP Constitution, which provides in part that “The Judicial Branch .... can call a referendum vote of the registered voters of the Region for the purpose of approving a motion for immediate expulsion by the posting of the case and evidence of needed action in a thread within the Regional off-site Forum and a notification of the motion and referendum on the Regional message board at Nationstates.net at any time.” shall be condiucted under Rules 601 through 610.
Interim Court Rules for Appeals.
Under the authority vested in the Court of The North Pacific under Article V, Section 1 Clause D of the Constitution of The North Pacific, effective from 7 July 2005, the following guidelines that implement certain aspects of Article V of the Constitution of the North Pacific, effective from 7 July 2005, are established. In the event any provision of these Rules conflict, or appear to conflict, with the Constitution of The North Pacific, or the North Pacific Legal Code, then the Constitution or Code provision will prevail over these Rules.
Rule 701. Scope of Appeal.
A - Appeals of final judgments of trials and hearings shall be to the Court en banc before the Chief Justice and all of the Associate Justices. (Source: TNP Constitution, Article V, Section 1.)
B - Appeals and reviews are not proceedings for the presentation of new evidence, but merely for the review for errors in a proceeding before a single justice (or other designated judicial officer). Accordingly, only the record of the proceeding before a single justice may be utilized by any party seeking review of a judgment in a trial or hearing.
C - A notice of appeal shall be filed with the Court within 48 hours of the entry of judgment.
Rule 702. Statement of Appeal.
A - The party seeking review of the judgment of a trial or hearing proceeding shall file a statement listing the errors it contends took place, and the basis in the factual record or rationale in the constitution, laws, or case decisions of the Court that support its contention as to each such error. This statement shall be posted with the Court within 72 hours.
B - Any other party to that trial or hearing proceeding shall have 72 hours to post a response to the statement of appeal. The response shall be organized in the same sequence as the statement of appeal.
Rule 703. Determination of Appeal.
A - Each sitting Justice, including the Justice who heard the original proceeding, shall participate in the appeal, unless a Justice is necessarily absent or is disqualified from participation for some other reason.
B - In the event of a disqualification, the Chief Justice, or the Associate Justice with seniority of tenure in office, shall designate one or more referees to act as members of the Court panel for purposes of determination of the appeal.
C - The Court shall privately confer for purposes of discussion and determination of the appeal. The Chief Justice, or the or the Associate Justice with seniority of tenure in office, will select a panel member who is in the majority who is responsible for the preparation of a written opinion statement determining the issues on appeal.
D - Any other justice (or member of the panel) may file a written concurrence or dissenting opinion statement. It is intended that the Court’s opinion, and any other opinion statements will be posted publicly at the same time.
Rule 704. Requests for Reconsideration.
A - A party may request reconsideration of the judgment on the basis of erroneous factual or legal findings; however, the basis of the motion should be only on the basis of material that was in the record before the Court, or to some other provision of the Constitution or laws of The North Pacific in force.
B - As a general practice, motions for reconsideration are disfavored, and a party moving for reconsideration bears the burden of persuasion and proof as to all aspects of the motion.
