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.
