Adopted Court Rules

[Grosseschnauzer]

A majority of the Court has agreed to the adoption of the following Rules to govern all proceedings and trials in the Court of The North Pacific. These rules are subject to amendment by a majority of the Justices.

History:
Adoption of Court Rules of Administration on Temporary Hearing Officers, adopted and posted 23 January 2006.

Adoption of Court Rules on Evidence and Procedure, adopted and posted 20 October 2010. - Redacted 24 November 2012.

Adoption of new Court Rules for Evidence and Procedures, adopted and posted 24 November 2012.

Adoption of revised Court Rules on Evidence and Procedures, adopted and posted 1 December 2012.
Revisions include: IRC logs being added as electronic evidence, edit to trial timetables and the right to cross-examine witnesses is now codified.

Adoption of New Court Rules on Evidence and Procedures, adopted and posted 26 February 2013.
Codified Civil Trials and made edits to other Procedures.

Adoption of additional Court Rules with regards to Requests for Review. Also cleaned up this thread, splitting out old and revoked Court rules, which can now be found here. Updated and adopted 8th May 2013.

 

[Grosseschnauzer]

Rules of Judicial Administration

Rule 1. Appointment of Judicial Hearing Officers.

A - Whenever, due to conflict of interest, unavailability, or other cause, the Chief Justice (or the Associate Justice with greatest seniority in the case of vacancy, absence, or unavailablity of the Chief Justice) determines it appropriate, a hearing officer shall be promptly appointed to preside for a particular proceeding.
B - Whenever there are one or more vacancies on the Court, or one or more Justices are unavailable, have a conflict of interest, or other cause, that prevent the participation of the full number of Justices created under the Constitution or by law, the remaining Justice or Justices shall promptly appoint one or more hearing officers to participate in an en banc proceeding as temporary Justices.
C - Any hearing officer that is appointed under this Rule shall be a member of the Regional Assembly and shall not be serving as Delegate, Vice Delegate, any Cabinet officer, or as Speaker of the Regional Assembly, while serving as a judicial hearing officer.

 

[Hileville]

Adopted Court Rules - February 26, 2013

In accordance with the Legal Code of the North Pacific the Court establishes the following rules for Trial Proceedings:

Article 1: Indictment Procedures

1. All criminal charges or civil claims brought before the Court must be presented in the form of an Indictment.
   
2. After the filing of any Indictment, the Justices will consider the indictment for not more than 72 hours, and will determine whether it should be accepted or rejected.
   
3. An Indictment may be rejected for procedural or substantive reasons, and the reasons for rejecting an indictment must be publicly disclosed in full.
   
4. The rejection of an indictment does not permanently bar its resubmission. An indictment may only be resubmitted if substantive changes have been made to bring it into line with these rules, however; harassment through repeated filings is not permitted.
   
5. If an Indictment is accepted, its acceptance must be published. When the acceptance is published, a Moderating Justice must also be appointed.
   
6. At the time of acceptance, the Defendant must be notified of the pending action by the Court.
   
7. The Moderating Justice is responsible for commencing trial proceedings in a prompt manner, pursuant to the following Criminal or Civil Procedures, as appropriate.
   
8. In the case of Indictments seeking an ejection and/or banning, or expulsion from the RA due to oath violation, the procedures set by the Legal Code will be followed exactly as stated.

Article 2: Criminal Trial Procedure

1. When a trial thread is opened, the Defendant must be notified by the Moderating Justice, via forum PM, or Telegram if PM is not a viable option.
   
2. The Defendant will have 48 hours from the opening of the thread to enter a plea.
   
3. Following the acceptance of a plea by the Moderating Justice, a 72-hour period for pre-trial motions will start. This is the only time in which motions to dismiss charges, based on arguments of law, will be considered.
   
4. When all pre-trial motions have been settled, a Discovery period will commence which will last no fewer than 5 days.
   
5. Following the conclusion of Discovery (when all evidence has been submitted and accepted or rejected by the Court, and all Evidentiary motions have been handled), there will be a period of at least 72 hours for arguments on the evidence and the law.
   
6. Following the conclusion of Arguments, and the final resolution of any outstanding motions, the Court will have, 96 hours to reach a verdict.
   
7. Following the publication of the Verdict, the Court will have 48 hours to announce a punishment. During this time, either Party may offer its opinion regarding sentencing.
   
8. When a sentence is announced, the Court will notify all relevant government and administrative officials of any actions mandated by the Sentence.
   
9. As necessary, and in the interests of justice, the Moderating Justice may alter this timetable to ensure a fair and balanced proceeding.

Article 3: Civil Trial Procedure

1. In the interests of efficiency, Civil Trials will be adjudicated by a single Justice, whose final ruling may be appealed to the full court solely on the basis of its legal reasoning. The Court may refuse to hear such an appeal if it finds no clear legal error demonstrated by the appellant’s request for appeal.
   
2. The Moderating Justice assigned to any Civil Trial will be the serve as the decider of fact as well as the procedural moderator.
   
3. In all Civil Trials, Complainants will represent themselves; the Attorney General is not responsible for handling civil matters. The Defendant may appoint counsel as they see fit, as in other trials.
   
4. When a trial thread is opened, the Defendant must be notified by the Moderating Justice, via forum PM, or Telegram if PM is not a viable option.
   
5. No Plea process exists for civil trials; if the Defendant wishes to concede the matter, he or she may do so at any time.
   
6. After the trial thread is opened, 72 hours will be reserved for pre-trial motions. This is the only time in which motions to dismiss a case, based on arguments of law, will be considered.
   
7. Following the resolution of all motions, the Justice will open Discovery, which shall last 5 days.
   
8. Evidence in Civil Trials must conform to all other evidentiary standards, but is limited, on each side, to: not more than three sworn and witnessed affidavits, documentary evidence, and any Affidavits necessary to substantiate said documentary evidence. Depositions are not permitted.
   
9. Following the completion of Discovery, and the resolution of any outstanding Motions, arguments on the evidence and law will be presented for 72 hours.
   
10. Following the completion of this period, the Justice will have 48 hours to deliberate on the facts, render a verdict, and, if appropriate, enter a judgment for the victorious party.
    
11. Any Appeal of a Civil Trial must be filed within 72 hours of the publication of the verdict.
    
12. The Justice may modify the timetables of Clauses 1-10 at their discretion.

Article 4: General Evidentiary Rules

1. The Court adopts the following rules on evidence and witness testimony to ensure fair 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.
   
2. All relevant evidence is admissible, except as otherwise provided by the Constitution, the Bill of Rights, or the Legal Code. Evidence which is not relevant is not admissible.
   
3. "Relevant evidence" is any evidence that is likely to have any impact on the Court’s determining the truth of the allegations or charges in any given case.
   
4. Even if it is 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.
   
5. Evidence of a person’ character not admissible for the purpose of proving that a specific act in conformity with their ordinary behavior.
   
6. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the current allegations are in accordance with past actions, 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.
   
7. 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.
   
8. Prior to, or within the first 24 hours of, the commencement of Discovery, all Parties will submit a list of witnesses they intend to call, as well as the scope and subject of each Witness’ intended testimony, to allow for adequate preparation.
   
9. During the Discovery phase of a trial, all Parties will submit any and all evidence they wish to use to the Court. Either side may object to any piece of evidence. Any objection must clearly explain why, in accordance with the Court Rules and general legal principles, the evidence should not be admitted into Court Record. The Moderating Justice will make a determination after hearing from both sides.
   
10. During this phase, witness testimony will be taken. This is the only time in which witness testimony may be gathered. Testimony may be gathered in the form of a sworn deposition conducted via an instant messaging service, or in the form of a sworn, witnessed affidavit. Any collection of witness testimony must be conducted in accordance with these Rules.
    
11. Other types of acceptable evidence include, but are not necessarily limited to, documentary evidence such as screenshots, chat logs, telegrams, forum posts, and other documents. Unless specifically covered by an exception under these Rules, documentary evidence must be authenticated through witness testimony, or it may be excluded as Hearsay.

Article 5: Depositions

1. When taking a deposition, counsel for each party must be present, along with the witness being questioned.
   
2. The party calling a witness is responsible for arranging any deposition, and the opposing party is expected to make reasonable efforts to be available to permit the taking of depositions.
   
3. Any witness being deposed will be subject to cross-examination, which shall not be confined to the scope of the original direct examination. Re-direct and re-cross are available as needed.
   
4. When conducting a deposition, the procedure shall be as follows:
   
   • The questioner shall ask a question, and indicate clearly when the question is complete.
     
   • The opposing counsel will have the opportunity to make a brief objection, the end of which will be indicated clearly. If the opposing counsel has no objection, they must indicate so.
     
   • If an objection is made, the questioning party may defend against the objection, and indicate the completion of their response clearly in the record.
     
   • When the opposing counsel has indicated that they have no objection, or the questioning counsel has completed their response to an objection, the witness will be instructed by the questioning party to answer.
     
   • This process will repeat for each question, and be followed as precisely as possible, to allow the Justice to easily follow the course of the deposition and rule on objections effectively.
5. At the completion of a deposition, each Party must submit a copy of the complete log to the Moderating Justice for review. The Justice will review all objections, and publish an official record version of the deposition with appropriate edits in accordance with any sustained objections.
   
6. The unedited copy of the Deposition will be distributed to the other Justices for record-keeping, but excluded elements will not be considered in making factual determinations.

Article 6: Affidavits

1. Witness testimony may also be submitted through an Affidavit. Affidavits are sworn statements, which may be used as a basis for later examination or, if no cross-examination is required, may stand on their own. The person giving an affidavit is called the Affiant.
   
2. Affidavits may be taken by either party.
   
3. Questions are not permitted during the taking of an affidavit.
   
4. Affidavits must be recorded in the presence of a non-party witness. The Affiant must state an oath of complete honesty prior to giving their statement.
   
5. At the conclusion of the statement, both the recording party, and the witness, must submit a copy of the Affidavit to the Moderating Justice. If everything is in order, the Moderating Justice will submit the affidavit to the official record.
   
6. If an opposing party wishes to cross-examine an Affiant, a Deposition must be scheduled. It is the obligation of all parties to make themselves and their witnesses reasonably available for necessary depositions.
   
7. In extraordinary circumstances, when parties are for reasons of geography or real life unable to coordinate for depositions, the Parties may consult with the Moderating Justice to determine an appropriate means of recording a witness’s deposition. In-thread testimony is strongly discouraged due to the massive time delay involved in asking one question at a time; mutually agreeable interrogatories are a preferable option.

Article 7: Privilege

1. Privileges are policies which excuse individuals from testifying as to certain matters. Two privileges exist in The North Pacific: classified government activities, and the attorney-client privilege.
   
2. The classified activities privilege protects government members from having to testify 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.
   
3. The Moderating Justice, Justices, or Hearing Officer has an unfettered right of access to review all of the information to which the classified activities privilege is asserted by a party or witness before a trial or hearing so that the Court can rule on claims of admissibility and privilege.
   
4. Attorney-client privilege extends to all communications between a party and their counsel, as well as to any other individuals who are consulted in connection with the case. This privilege is permanent and inviolate, except when it is invoked in bad faith. All parties must invoke this privilege in good faith, or it may be disregarded by the Moderating Justice.

Article 8: Documentary Evidence

1. Parties are responsible for documenting all forms of electronic evidence, such as forum posts, private messages, NS telegrams, or IRC logs before they are presented at trial.
   
2. 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.
   
3. Parties are responsible for providing a copy of all such documents to the other parties in the proceedings prior to trial.
   
4. Documents not provided to all parties prior to trial, or whose authenticity is insufficiently demonstrated, may be excluded from the trial by the Moderating Justice.
   
5. A document which has circumstantial guarantees of trustworthiness is not excluded by the hearsay rule, if the court determines that the document is offered as evidence of a material fact; the document 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 document into evidence.
   
6. Examples of such documents are written items, 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 or eyewitness testimony.

Article 9: Hearsay

1. "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.
   
2. Exceptions to hearsay include excited utterances and statements against interest. Statements made by any opposing party are always admissible, as they may be refuted through individual testimony.

Article 10: Competency and Credibility

1. Every person is competent to be a witness, except as otherwise provided in these Rules.
   
2. A witness may not testify to a matter unless sufficient evidence to support a finding that the witness has personal knowledge of the matter.
   
3. Evidence to prove personal knowledge may, but need not, consist of the witness’ own testimony.
   
4. This rule is subject to the requirements for opinion testimony by expert witnesses.
   
5. The credibility of a witness may be attacked by any party, including the party calling the witness.
   
6. If the witness is not testifying as an expert, their testimony in the form of opinions or inferences is not admissible. Testimony as to facts is all that is admissible from non-expert witnesses.
   
7. If technical, or other specialized knowledge will assist the Court in making factual determinations, a witness may be qualified as an expert by knowledge, skill, experience, training, or education, may offer their expert opinion as evidence. This may happen provided the following requirements are met:
   
   • the testimony is based upon sufficient facts or data
     
   • the testimony is the product of reliable principles and methods, and
     
   • the witness has applied the principles and methods reliably to the facts of the case.
8. Any individual testifying as a witness must review all relevant documents prior to their testimony.

 

[Abbey]

Rules for reviews

1. Any Nation may petition the Court for a review of government policy or law, but only those who the Court deem to have standing in a case will have their petition accepted. Standing shall, for the purposes of these rules, be defined as being personally affected by the policy or law currently in effect.

2. Any Justice may accept or deny a request for review, at his own discretion. Nations who have a request for review denied may petition the entire Court to overturn the individual Justice's decision and accept the review.

3. All reviews shall have a period of time for amicus curiae briefs. That is, a period of time in which any individual, not necessarily party to the case, can offer information that is relevant to the case and/or advise the Court on how to rule. The typical period for submission of briefs shall be 60 hours, but this may be extended or lowered at the discretion of a Justice. The Court shall retire to deliberate only after the period for briefs has ended.