[Private] ACR edits

SillyString

SillyString

TNPer
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Couple things to propose.

First, rename to Court Rules and Procedures - "Adopted" only still exists in the name because it succeeds the prior version, which was temporary or something.

Second, amend this clause of the evidence section:
4. Documentary evidence, which includes forum posts or threads, IRC logs, screenshots and other evidence of a similar nature, must be authenticated according to the criteria below:
  • Content which does not appear in its original form and location, such as IRC logs, screenshots, transcripts, or posts copied from other threads or forums, must be authenticated through witness testimony regardless of how public it is when it is presented as evidence.
  • Forum posts and threads may be accepted without authentication, as long as the moderating justice is provided with a direct link to the posts and threads entered into evidence and is able to view them in their original locations. The moderating justice must confirm that the linked posts match their copies entered into evidence before accepting them without authentication.
  • If prior content of an edited post is entered into evidence, forum administration may provide testimony authenticating that prior content if the original poster is unavailable or their own testimony is insufficient.
  • Evidence may be accepted without authentication if the parties in a trial state their intent not to contest its content.
  • Witness testimony is always an acceptable way to authenticate evidence.
  • The moderating justice may, when appropriate, waive authentication requirements for individual pieces of evidence. They must provide an explanation for doing so, and any such waivers can be appealed to the full court.
Click to expand...
This is super rough, so pls, comments and such.

Also I have approached Altmoras to serve as THO until the election concludes.
 
SillyString:
First, rename to Court Rules and Procedures - "Adopted" only still exists in the name because it succeeds the prior version, which was temporary or something.
Click to expand...
Perfectly reasonable. I agree.

I have a few edits:
4. Documentary evidence, which includes forum posts or threads, IRC logs, screenshots and other evidence of a similar nature, must be authenticated according to the criteria below:
  • Content which does not appear in its original form and location, such as IRC off-site chat logs, screenshots, transcripts, or posts copied from other threads or forums quotes, must be authenticated through witness testimony regardless of how public it is when it is presented as evidence.
  • Forum posts and threads may be accepted without authentication, as long as the moderating justice is provided with a direct link to the posts and threads entered into evidence and is able to view them in their original locations. The moderating justice must confirm that the linked posts match their copies entered into evidence evidence submitted does not contain any content that does not appear in the original location before accepting them it without authentication.
  • If prior content of an edited post is entered into evidence, forum administration may provide testimony authenticating that prior content if the original poster is unavailable or their own testimony is insufficient.
  • Evidence may be accepted without authentication if the parties in a trial state their intent not to contest its content.
  • Witness testimony is always an acceptable way to authenticate evidence.
  • The moderating justice may, when appropriate, waive authentication requirements for individual pieces of evidence. They must provide an explanation for doing so, and any such waivers can be appealed to the full court.
Click to expand...
This is super rough, so pls, comments and such.[/quote]
1. off-site chat - because discord is more common now.
2. quotes - to avoid the impression of a contradiction between that clause and the following one.
3. evidence submitted does not contain... - to allow authentication to be waived in scenarios where content has been redacted.
4. Deleted the part about admins authenticating prior content of an edited post because it's redundant with the first clause in the list (and the clause following).
5. and any such waivers can be appealed to the full court - redundant with the already extant rule that any decision of an individual justice can be appealed.


SillyString:
Also I have approached Altmoras to serve as THO until the election concludes.
Click to expand...
Per our earlier discussion, we are on the same page here. I'll note that we can't vote on this until we have a three member panel.
 
I agree with COE's edits. As well as the name change.

Sorry I haven't been as responsive these past 48 hours as I normally am, It's my first week of the new semester and I'm sick as a dog >_>
 
I think this would be a good time to look at the rest of the evidence section as well, since scheduling depositions has been a perennial problem, and there was much confusion about the process during the last trial. Here's what I've got so far:

ACR:
Section 3: Evidence
  1. The Court accepts both documentary evidence and witness testimony as valid submissions.
  2. Objections to evidence by either the Prosecution or the Defense must clearly explain why, in accordance with the Court Rules and general legal principles, the evidence in question should not be admitted into the Court Record.
  3. Relevant evidence may be admitted or excluded at the discretion of the Moderating Justice after hearing from both sides.
  4. [Amended clause 4, from above]
  5. Witness testimony must be gathered in the form of a deposition or a statement.
  6. All witnesses giving testimony must swear the following oath before giving a statement or answering any questions:"I swear to tell the truth, the whole truth, and nothing but the truth."
  7. Witness depositions must be conducted in a forum thread separate from the trial thread.
  8. Opposing counsel will have the opportunity to object to questions posed to the witness before the questions are answered. If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection. If both parties agree before the deposition begins, the Moderating Justice will rule on objections before the questions are answered. Otherwise, the witness will answer all questions which are not withdrawn, and the Moderating Justice will rule on all objections at the end of the deposition.
  9. At the completion of a deposition, the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
  10. Witness statements must be sent directly to the Moderating Justice by the witness before the scheduled end of Evidence Submission. The Moderating Justice will post the statement in the trial thread.
  11. During Evidence Submission, either party may make a motion to require a deposition from a particular witness providing a statement.
  12. Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
Click to expand...

ACR:
Section 3: Evidence
  1. The Court accepts both documentary evidence and witness testimony as valid submissions.
  2. Objections to evidence by either the Prosecution or the Defense must clearly explain why, in accordance with the Court Rules and general legal principles, the evidence in question should not be admitted into the Court Record.
  3. Relevant evidence may be admitted or excluded at the discretion of the Moderating Justice after hearing from both sides.
  4. [Amended clause 4, from above]
  5. Witness testimony must be gathered in the form of a deposition or a statement.
  6. All witnesses giving testimony must first swear an the following oath before giving a statement or answering any questionsas follows:"I swear to tell the truth, the whole truth, and nothing but the truth."
  7. Witness depositions may be taken over instant messenger or in a forum thread separate from the trial thread. A deposition may only be conducted in a forum thread if a deposition over instant messenger is not feasible. Witness depositions must be conducted in a forum thread separate from the trial thread.
  8. When conducting a deposition, counsel for each party must be present along with the witness being questioned.
  9. Opposing counsel will have the opportunity to object to questions posed to the witness before the questions are answered. If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection. If both parties agree before the deposition begins, the Moderating Justice will rule on objections before the questions are answered. Otherwise, Tthe witness will answer all questions which are not withdrawn, and the Moderating Justice will rule on all objections at the end of the deposition.
  10. At the completion of a deposition, each party must submit a complete copy to the Moderating Justice in private for review. The Justice will review all objections and the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
  11. Witness statements must be sent directly to the Moderating Justice by the witness before the scheduled end of Evidence Submission. The Moderating Justice will post the statement in the trial thread.
  12. If the opposing party wishes to cross-examine a witness providing a statement, a deposition must be scheduled. During Evidence Submission, either party may make a motion to require a deposition from a particular witness providing a statement.
  13. Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
Click to expand...

I think requiring depositions to be in forum threads will make them much easier to conduct, since scheduling will not be an issue. Off-site depositions could still be allowed by the moderating justice under the final clause in the section, but I think we should be requiring forum depositions by default. In the past, forum depositions have been discouraged because they take so long, but there have been some changes since that time that I think make forum depositions the superior way. First, we have made the schedule much more flexible from the get-go, so if a lot of depositions are going to be taken, a longer evidence submission period can be arranged when the timeline is set. Second, the procedure for a deposition is much simpler, and would allow for all questions to be asked in a single post, for example. I think at the same time as these changes are made effective, we could post an informational document on the best way to conduct a deposition. I can work on this in the next day or two. What say you guys?
 
If we're moving to forum depositions, I think the default should change from letting the moderating justice rule on objections at the end to requiring them to rule before the witness answers.

Also, to ease the process in a trial with a large number of deposees, I think any justice (not just the moderating justice) should be able to deal with the testimony from a particular witness. We wouldn't want to have multiple justices trying to make rulings on objections for one witness, since that will lead to confusion, but I see no reason not to spread out the workload a little.
 
When conducting a deposition, counsel for each party must be present along with the witness being questioned.
Click to expand...

I'm still a little foggy, but that seems like a pretty major thing to remove.
 
I think it's redundant with the part of the next clause that says opposing counsel gets the opportunity to object to questions before they're answered. Also, it's unclear what "present" means in a public forum thread.
 
OK, here's the current draft. It looks like I've deleted a bunch of stuff, but mostly I just made it subclauses of the new clause 6, cause I felt like the deposition procedures were too vague and spread out, and needed to be condensed into one list clause. I've also added in the updated documentary evidence procedures we decided on previously, and SillyString's suggestions on requiring justices to rule on objections during the deposition, and allowing any judge to moderate a deposition. Here:

ACR:
Section 3: Evidence
  1. The Court accepts both documentary evidence and witness testimony as valid submissions.
  2. Objections to evidence by either the Prosecution or the Defense must clearly explain why, in accordance with the Court Rules and general legal principles, the evidence in question should not be admitted into the Court Record.
  3. Relevant evidence may be admitted or excluded at the discretion of the Moderating Justice after hearing from both sides.
  4. Documentary evidence, which includes forum posts or threads, off-site chat logs, screenshots and other evidence of a similar nature, must be authenticated according to the criteria below:
    • Content which does not appear in its original form and location, such as off-site chat logs, screenshots, transcripts, or quotes, must be authenticated through witness testimony regardless of how public it is when it is presented as evidence.
    • Forum posts and threads may be accepted without authentication, as long as the moderating justice is provided with a direct link to the posts and threads entered into evidence and is able to view them in their original locations. The moderating justice must confirm that the evidence submitted does not contain any content that does not appear in the original location before accepting it without authentication.
    • Evidence may be accepted without authentication if the parties in a trial state their intent not to contest its content.
    • Witness testimony is always an acceptable way to authenticate evidence.
    • The moderating justice may, when appropriate, waive authentication requirements for individual pieces of evidence. They must provide an explanation for doing so.
  5. Witness testimony must be gathered in the form of a deposition or a statement.
  6. Depositions will adhere to the following procedures:
    • Witness depositions must be conducted in a forum thread separate from the trial thread.
    • Any justice may moderate a deposition.
    • Before answering any questions, the witness must swear the following oath: "I swear to tell the truth, the whole truth, and nothing but the truth."
    • Both parties will have the opportunity to ask questions of the witness, in turn.
    • Each party will have the opportunity to object to questions posed to the witness by the other party before the questions are answered.
    • If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection.
    • The justice present will rule on objections to questions that are not withdrawn.
    • The witness will answer all remaining questions.
    • At the completion of a deposition, the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
    • Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
  7. Witness statements must be sent directly to the Moderating Justice by the witness before the scheduled end of Evidence Submission. Witness statements must begin with the following oath: "I swear to tell the truth, the whole truth, and nothing but the truth." The Moderating Justice will post the statement in the trial thread.
  8. During Evidence Submission, either party may make a motion to require a deposition from a particular witness providing a statement.
Click to expand...

ACR:
Section 3: Evidence
  1. The Court accepts both documentary evidence and witness testimony as valid submissions.
  2. Objections to evidence by either the Prosecution or the Defense must clearly explain why, in accordance with the Court Rules and general legal principles, the evidence in question should not be admitted into the Court Record.
  3. Relevant evidence may be admitted or excluded at the discretion of the Moderating Justice after hearing from both sides.
  4. [Amended clause 4, from above]
  5. Witness testimony must be gathered in the form of a deposition or a statement.
  6. All witnesses giving testimony must swear the following oath before giving a statement or answering any questions:"I swear to tell the truth, the whole truth, and nothing but the truth."
  7. Witness depositions must be conducted in a forum thread separate from the trial thread.
  8. Opposing counsel will have the opportunity to object to questions posed to the witness before the questions are answered. If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection. If both parties agree before the deposition begins, the Moderating Justice will rule on objections before the questions are answered. Otherwise, the witness will answer all questions which are not withdrawn, and the Moderating Justice will rule on all objections at the end of the deposition. Depositions will adhere to the following procedures:
    • Witness depositions must be conducted in a forum thread separate from the trial thread.
    • Any justice may moderate a deposition.
    • Before answering any questions, the witness must swear the following oath: "I swear to tell the truth, the whole truth, and nothing but the truth."
    • Both parties will have the opportunity to ask questions of the witness, in turn.
    • Each party will have the opportunity to object to questions posed to the witness by the other party before the questions are answered.
    • If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection.
    • The justice present will rule on objections to questions that are not withdrawn.
    • The witness will answer all remaining questions.
    • At the completion of a deposition, the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
    • Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
  9. At the completion of a deposition, the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
  10. Witness statements must be sent directly to the Moderating Justice by the witness before the scheduled end of Evidence Submission. Witness statements must begin with the following oath: "I swear to tell the truth, the whole truth, and nothing but the truth." The Moderating Justice will post the statement in the trial thread.
  11. During Evidence Submission, either party may make a motion to require a deposition from a particular witness providing a statement.
  12. Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
Click to expand...

ACR:
Section 3: Evidence
  1. The Court accepts both documentary evidence and witness testimony as valid submissions.
  2. Objections to evidence by either the Prosecution or the Defense must clearly explain why, in accordance with the Court Rules and general legal principles, the evidence in question should not be admitted into the Court Record.
  3. Relevant evidence may be admitted or excluded at the discretion of the Moderating Justice after hearing from both sides.
  4. [Amended clause 4, from above]
  5. Witness testimony must be gathered in the form of a deposition or a statement.
  6. All witnesses giving testimony must first swear an the following oath before giving a statement or answering any questionsas follows:"I swear to tell the truth, the whole truth, and nothing but the truth."
  7. Witness depositions may be taken over instant messenger or in a forum thread separate from the trial thread. A deposition may only be conducted in a forum thread if a deposition over instant messenger is not feasible. Witness depositions must be conducted in a forum thread separate from the trial thread.
  8. When conducting a deposition, counsel for each party must be present along with the witness being questioned.
  9. Opposing counsel will have the opportunity to object to questions posed to the witness before the questions are answered. If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection. If both parties agree before the deposition begins, the Moderating Justice will rule on objections before the questions are answered. Otherwise, Tthe witness will answer all questions which are not withdrawn, and the Moderating Justice will rule on all objections at the end of the deposition.
  10. At the completion of a deposition, each party must submit a complete copy to the Moderating Justice in private for review. The Justice will review all objections and the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
  11. Witness statements must be sent directly to the Moderating Justice by the witness before the scheduled end of Evidence Submission. The Moderating Justice will post the statement in the trial thread.
  12. If the opposing party wishes to cross-examine a witness providing a statement, a deposition must be scheduled. During Evidence Submission, either party may make a motion to require a deposition from a particular witness providing a statement.
  13. Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
Click to expand...

I think requiring depositions to be in forum threads will make them much easier to conduct, since scheduling will not be an issue. Off-site depositions could still be allowed by the moderating justice under the final clause in the section, but I think we should be requiring forum depositions by default. In the past, forum depositions have been discouraged because they take so long, but there have been some changes since that time that I think make forum depositions the superior way. First, we have made the schedule much more flexible from the get-go, so if a lot of depositions are going to be taken, a longer evidence submission period can be arranged when the timeline is set. Second, the procedure for a deposition is much simpler, and would allow for all questions to be asked in a single post, for example. I think at the same time as these changes are made effective, we could post an informational document on the best way to conduct a deposition. I can work on this in the next day or two. What say you guys?[/quote]
 
One last thing that occurred to me was to eliminate the clause that allows evidence to be admitted without authentication if both parties agree not to contest its authenticity. It seems a little unnecessary given that the moderating justice gets the final say on whether evidence is admitted, authenticated or not, and the justice also has the power to waive authentication. In that context, the clause seems redundant to me. Here's the final draft. I call for a vote on the following proposal:
1. The Adopted Court Rules will be re-titled "Court Rules and Procedures".

2. Section 3 will be amended to read as follows:
ACR:
Section 3: Evidence
  1. The Court accepts both documentary evidence and witness testimony as valid submissions.
  2. Objections to evidence by either the Prosecution or the Defense must clearly explain why, in accordance with the Court Rules and general legal principles, the evidence in question should not be admitted into the court record.
  3. Relevant evidence may be admitted or excluded at the discretion of the Moderating Justice after hearing from both sides.
  4. Documentary evidence, which includes forum posts or threads, off-site chat logs, screenshots and other evidence of a similar nature, must be authenticated according to the criteria below:
    • Content which does not appear in its original form and location, such as off-site chat logs, screenshots, transcripts, or quotes, must be authenticated through witness testimony regardless of how public it is when it is presented as evidence.
    • Forum posts and threads may be accepted without authentication, as long as the Moderating Justice is provided with a direct link to the posts and threads entered into evidence and is able to view them in their original locations. The Moderating Justice must confirm that the evidence submitted does not contain any content that does not appear in the original location before accepting it without authentication.
    • Witness testimony is always an acceptable way to authenticate evidence.
    • The Moderating Justice may, when appropriate, waive authentication requirements for individual pieces of evidence. They must provide an explanation for doing so.
  5. Witness testimony must be gathered in the form of a deposition or a statement.
  6. Depositions will adhere to the following procedures:
    • Witness depositions must be conducted in a forum thread separate from the trial thread.
    • Any Justice may moderate a deposition.
    • Before answering any questions, the witness must swear the following oath: "I swear to tell the truth, the whole truth, and nothing but the truth."
    • Both parties will have the opportunity to ask questions of the witness, in turn.
    • Each party will have the opportunity to object to questions posed to the witness by the other party before the questions are answered.
    • If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection.
    • The Justice present will rule on objections to questions that are not withdrawn.
    • The witness will answer all remaining questions.
    • At the completion of a deposition, the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
    • Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
  7. Witness statements must be sent directly to the Moderating Justice by the witness before the scheduled end of Evidence Submission. Witness statements must begin with the following oath: "I swear to tell the truth, the whole truth, and nothing but the truth." The Moderating Justice will post the statement in the trial thread.
  8. During Evidence Submission, either party may make a motion to require a deposition from a particular witness providing a statement.
Click to expand...
Click to expand...

ACR:
Section 3: Evidence
  1. The Court accepts both documentary evidence and witness testimony as valid submissions.
  2. Objections to evidence by either the Prosecution or the Defense must clearly explain why, in accordance with the Court Rules and general legal principles, the evidence in question should not be admitted into the Court Record.
  3. Relevant evidence may be admitted or excluded at the discretion of the Moderating Justice after hearing from both sides.
  4. Documentary evidence, which includes forum posts or threads, off-site chat logs, screenshots and other evidence of a similar nature, must be authenticated according to the criteria below:
    • Content which does not appear in its original form and location, such as off-site chat logs, screenshots, transcripts, or quotes, must be authenticated through witness testimony regardless of how public it is when it is presented as evidence.
    • Forum posts and threads may be accepted without authentication, as long as the moderating justice is provided with a direct link to the posts and threads entered into evidence and is able to view them in their original locations. The moderating justice must confirm that the evidence submitted does not contain any content that does not appear in the original location before accepting it without authentication.
    • Evidence may be accepted without authentication if the parties in a trial state their intent not to contest its content.
    • Witness testimony is always an acceptable way to authenticate evidence.
    • The moderating justice may, when appropriate, waive authentication requirements for individual pieces of evidence. They must provide an explanation for doing so.
  5. Witness testimony must be gathered in the form of a deposition or a statement.
  6. Depositions will adhere to the following procedures:
    • Witness depositions must be conducted in a forum thread separate from the trial thread.
    • Any justice may moderate a deposition.
    • Before answering any questions, the witness must swear the following oath: "I swear to tell the truth, the whole truth, and nothing but the truth."
    • Both parties will have the opportunity to ask questions of the witness, in turn.
    • Each party will have the opportunity to object to questions posed to the witness by the other party before the questions are answered.
    • If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection.
    • The justice present will rule on objections to questions that are not withdrawn.
    • The witness will answer all remaining questions.
    • At the completion of a deposition, the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
    • Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
  7. Witness statements must be sent directly to the Moderating Justice by the witness before the scheduled end of Evidence Submission. Witness statements must begin with the following oath: "I swear to tell the truth, the whole truth, and nothing but the truth." The Moderating Justice will post the statement in the trial thread.
  8. During Evidence Submission, either party may make a motion to require a deposition from a particular witness providing a statement.
Click to expand...

ACR:
Section 3: Evidence
  1. The Court accepts both documentary evidence and witness testimony as valid submissions.
  2. Objections to evidence by either the Prosecution or the Defense must clearly explain why, in accordance with the Court Rules and general legal principles, the evidence in question should not be admitted into the Court Record.
  3. Relevant evidence may be admitted or excluded at the discretion of the Moderating Justice after hearing from both sides.
  4. [Amended clause 4, from above]
  5. Witness testimony must be gathered in the form of a deposition or a statement.
  6. All witnesses giving testimony must swear the following oath before giving a statement or answering any questions:"I swear to tell the truth, the whole truth, and nothing but the truth."
  7. Witness depositions must be conducted in a forum thread separate from the trial thread.
  8. Opposing counsel will have the opportunity to object to questions posed to the witness before the questions are answered. If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection. If both parties agree before the deposition begins, the Moderating Justice will rule on objections before the questions are answered. Otherwise, the witness will answer all questions which are not withdrawn, and the Moderating Justice will rule on all objections at the end of the deposition. Depositions will adhere to the following procedures:
    • Witness depositions must be conducted in a forum thread separate from the trial thread.
    • Any justice may moderate a deposition.
    • Before answering any questions, the witness must swear the following oath: "I swear to tell the truth, the whole truth, and nothing but the truth."
    • Both parties will have the opportunity to ask questions of the witness, in turn.
    • Each party will have the opportunity to object to questions posed to the witness by the other party before the questions are answered.
    • If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection.
    • The justice present will rule on objections to questions that are not withdrawn.
    • The witness will answer all remaining questions.
    • At the completion of a deposition, the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
    • Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
  9. At the completion of a deposition, the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
  10. Witness statements must be sent directly to the Moderating Justice by the witness before the scheduled end of Evidence Submission. Witness statements must begin with the following oath: "I swear to tell the truth, the whole truth, and nothing but the truth." The Moderating Justice will post the statement in the trial thread.
  11. During Evidence Submission, either party may make a motion to require a deposition from a particular witness providing a statement.
  12. Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
Click to expand...

ACR:
Section 3: Evidence
  1. The Court accepts both documentary evidence and witness testimony as valid submissions.
  2. Objections to evidence by either the Prosecution or the Defense must clearly explain why, in accordance with the Court Rules and general legal principles, the evidence in question should not be admitted into the Court Record.
  3. Relevant evidence may be admitted or excluded at the discretion of the Moderating Justice after hearing from both sides.
  4. [Amended clause 4, from above]
  5. Witness testimony must be gathered in the form of a deposition or a statement.
  6. All witnesses giving testimony must first swear an the following oath before giving a statement or answering any questionsas follows:"I swear to tell the truth, the whole truth, and nothing but the truth."
  7. Witness depositions may be taken over instant messenger or in a forum thread separate from the trial thread. A deposition may only be conducted in a forum thread if a deposition over instant messenger is not feasible. Witness depositions must be conducted in a forum thread separate from the trial thread.
  8. When conducting a deposition, counsel for each party must be present along with the witness being questioned.
  9. Opposing counsel will have the opportunity to object to questions posed to the witness before the questions are answered. If an objection is made, the questioning party will have the opportunity to withdraw the question or defend against the objection. If both parties agree before the deposition begins, the Moderating Justice will rule on objections before the questions are answered. Otherwise, Tthe witness will answer all questions which are not withdrawn, and the Moderating Justice will rule on all objections at the end of the deposition.
  10. At the completion of a deposition, each party must submit a complete copy to the Moderating Justice in private for review. The Justice will review all objections and the Moderating Justice will publish an official record version of the deposition in the trial thread, with appropriate edits in accordance with any sustained objections.
  11. Witness statements must be sent directly to the Moderating Justice by the witness before the scheduled end of Evidence Submission. The Moderating Justice will post the statement in the trial thread.
  12. If the opposing party wishes to cross-examine a witness providing a statement, a deposition must be scheduled. During Evidence Submission, either party may make a motion to require a deposition from a particular witness providing a statement.
  13. Depositions which deviate from the above procedures may be admitted at the discretion of the Moderating Justice.
Click to expand...

EDIT: Additionally changes were made to the proposal that were not marked up in the third draft. These changes were only to standardize capitalization, and remove unnecessary empty lines.
 
There are about 24 hours left in the justice election. I'd like to finish this matter so that we won't be starting over again with a different panel.

I'm voting yes.
 
I also vote yes. With a majority of the court supporting, the new rules are passed.

Altmoras, if you want to cast a vote while you're still a THO, feel free - I'll still count it as valid.
 
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