Information Court Rules and Procedures

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Dec 19, 2020


These are the established rules and procedures of the Court of the Commonwealth of Redmont. It is important that lawyers and any player who is participating in court proceedings are aware of these rules and procedures.

Furthermore, Motions and Objections have their own guides to follow in addition to these Court Rules and Procedures. You can view these guides here:

Relevant Laws

The court is a vital institution in ensuring proper and effective justice. Therefore we have strict laws about how, when, and why to take actions in the courthouse.

1. Frivolous Court Case
In accordance with the Saviour Act, any action which can be described as "lodging a legal case that has no serious purpose or value" can be considered filing a Frivolous Court Case. If you start a court case or lawsuit and it does not have any serious legal intent or purpose, the case will be dismissed. In addition, you will be fined $60 for breaking this law.

2. Perjury
In accordance with the Corruption and Espionage Offenses Act, any act which can be described as "giving knowingly incorrect testimony in Court" can be considered Perjury. When appearing in court, it is assumed that you will be speaking the truth and nothing but the truth. If you are found to be giving knowingly incorrect or false testimony in your case, you may be subject to fines of up to $50,000 and up to 60 minutes in jail.

3. Obstruction Of Justice
In accordance with the Saviour Act, any action which can be described as "willfully interfering with the process of justice through influencing, threatening, harming, or impeding a witness, potential witness, or police officer, or by providing false information" can be considered Obstruction of Justice. In general, disobeying this law can result in jail time and fines.

4. Contempt Of Court
In accordance with the Miscellaneous Offenses Act, any action which can be described as "The disobedience of an order of a court" or "conduct tending to obstruct or interfere with the orderly administration of justice" can be considered Contempt of Court.

If you speak in a court case when not summoned, fail to abide by court procedure, or disobey a court order, you can be held in Contempt of Court for disrupting the process of the law. Each offense typically holds a stricter punishment, starting at a $500 fine.

Thank you for following these laws in all court cases, whether you are involved or not.

Court Proceedings

This is a general guide on how you can expect the courts to operate:
Criminal Proceedings
Civil Proceedings
Appeal Proceedings
Attorney General​
(If Accepted)
(Filed in new thread).​
(If Accepted)

Court Rules for Discovery

Rule 1 (General Court Rules)

Rule 1.1 (Rule Application)​

Court Rules rely on the Constitution, Section 12 - Judicial Power - as the source of their authority. Court Rules apply in the absence of congressional law and constitutional provision. Court Rules only apply in court.

Rule 1.2 (Presiding Judge)​

All application of Court Rules shall be held at the decision of the presiding judge.

Rule 1.3 (Appealing a Rule Application)​

All rule applications may be appealed if the usage does not comply with previous court decisions. The Supreme Court may decide the standard to how a rule should be applied.

Rule 1.4 (Contempt of Court)​

Within Court Cases, a presiding judge may only apply a Contempt of Court charge if the offender was either previously warned; or given an order, directive, or decision which they refused.

Rule 1.5 (Rule Amendment)​

Any amendments to these rules shall be announced in the judicial forum as well as on #government-announcements on the DemocracyCraft Discord.

Rule 1.6 (Scope and Purpose)​

The Court Rules specified in this section shall apply to all other rules. All Court Rules are made to bring order, clarity, and understanding to court proceedings.

Rule 2 (Standing)

Rule 2.1 (Standing Application)​

In order for a plaintiff to pursue a case, they must show the following to the court:
  1. Suffered some injury caused by a clear second party; or is affected by an application of law.​
  2. The cause of injury was against the law.​
  3. Remedy is applicable under relevant law that can be granted by a favorable decision.​

Rule 2.2 (Sua Sponte Dismissal)​

Failure to meet all parts of Rule 2.1 can be grounds for a Sua Sponte dismissal.

Rule 2.2(b) (District Court, Small Claims Exception)​

The provisions in Rule 2.1 will be laxed to the most minimal standards if a civil claim is filed in the District Court with a requested remedy of no greater than $2,500 dollars. Cases that fall under this rule are immune to actions under Rule 4 (Discovery) as well as Rule 6 (Motion to Dismiss).

Rule 3 (Complaints and Answers)

Rule 3.1 (Initial Complaint Format and Requirements)​

All complaints, even Small Claims, must use the appropriate “Creating a Lawsuit” format and must have:
  1. Details that meet the criteria set out in Rule 2 (Standing).​
  2. All requested information filled out in some form, even if the information is a statement on the lack of information.​

Rule 3.2 (Initial Answer Format Requirements)​

All answers, even Small Claims, must use the appropriate “Creating a Lawsuit” format and must have:
  1. An affirmation of what facts are affirmed, denied, or non contested.​
  2. Either defenses under the law, defenses under facts, or a statement of defense that will develop throughout the course of discovery.​

Rule 3.3 (Amendment to Complaint)​

At anytime during the course of discovery, the plaintiff (or prosecution) may amend their Complaint to change the following:
  1. Parties​
  2. Facts​
  3. Claims for Relief​
  4. Prayer for Relief​
Amendments to the complaint must be declared and explained to the presiding judge. Afterwards, the plaintiff (or prosecution) may edit the post containing their complaint.

Rule 3.4 (Amendment to Answer)​

At anytime during the course of discovery, the defendant may amend their Answer to change the following:
  1. An affirmation of what facts are affirmed, denied, or non contested.​
  2. Defenses under the law or defenses under facts.​

Rule 3.5 (Amendment Exception)​

Amendments to an Answer or Complaint cannot change information that was already submitted.

Rule 3.6 (Default Judgment, Failure to Submit Defense)​

Defendants must amend any answer to have affirmations or denials on all facts in addition to having defenses under the law or fact prior to the end of discovery. Failure to include the necessary information is grounds for plaintiffs to request the presiding judge to grant default judgment against the defendant.

Rule 4 (Discovery)

Rule 4.1 (Scope and Purpose of Discovery)​

The scope and purpose of Discovery is to allow all material to enter the court prior to the beginning of arguments for the sake of fairness. It is to enable fairness by allowing the parties to view the information so that they may properly formulate their legal arguments. Presiding judges shall be guided by this principle.

Rule 4.2 (Submission Required For Use)​

All material used in legal arguments must have either been included in the case prior to the submission. Material must have been included within the complaint, within the answer, within an amendment to a complaint, within an amendment to an answer, or within a discovery submission. Otherwise the material will be deemed inadmissible and the argument can be voided by the presiding judge.

Rule 4.3 (Required Days of Discovery)​

Discovery shall last for 7 days

Rule 4.4 (Request for Extension of Discovery)​

Discovery can be extended by either the plaintiff or defendant, however, both plaintiff and defendant must agree for discovery to be extended. If one side does not agree, they must submit an oppositional statement. Silence will be taken as assent on the matter. All decisions regarding the extension of discovery are decided by the presiding judge. When discovery extensions are granted, they shall be for another 7 days from the initial starting date of discovery,

Rule 4.5 (Consent to End Discovery Early)​

If both parties consent to end Discovery early, they may request the presiding judge to move to the next phase of the trial.

Rule 4.6 (Submission of Discovery, Voluntarily)​

  • At any point and anytime during discovery, either party is allowed to make a material submission of discovery and enter it into the case.
  • Evidence entered in during discovery will be required to be labeled appropriately following the mentioned naming conventions. (plaintiff/p-### / defense/d-###)
  • Evidence that is not properly formatted can be motioned to be struck for improper formatting.

Rule 4.7 (Request for Discovery, Opposing Party Movement)​

Prior to the end of Discovery, a party may move to request documents, messages, or screenshots from the opposing party. The material must be relevant to the case and will need to be signed off by the presiding judge if opposed by the opposing party. If granted by the presiding judge, the material must be given by the opposing party to the best of their ability under sanction of contempt of court and perjury.

Rule 4.8 (Interrogatories)​

The Plaintiff and Defendant may ask up to 5 relevant questions while within discovery to each other that they must answer truthfully and to the best of their ability. Answers to Interrogatories must be made within 48 hours of being asked. Objections to Interrogatories must be made within 24 hours. Requests for Interrogatories must be made 72 hours prior to the end of discovery.

Rule 4.9 (Witness Protocol)​

A party may submit a list for witnesses at any time before the end of discovery. In order for a witness to be called during witness testimony, they must be announced under this rule, during discovery. Any witness may be objected to according to the objections laid out within rule 6.3.

Failure to adhere to the timelines of this rule may subject that party to a contempt of court charge at the presiding judge’s decision. The presiding judge shall include a warning regarding the timeline when summoning the witness.

Rule 5 Motion to Dismiss

Rule 5.1 (Rule Specification)​

A Motion to Dismiss must specify the Discovery Rule that a lawyer wishes to submit under. The used Rule must be applied using law, facts-in-case, evidence-in-case, or previous court decisions.

Rule 5.2 (When to Submit Motion)​

  • A Motion to Dismiss must be submitted at any time before the beginning of opening statements.
  • A Motion to Dismiss citing rule 5.5 must be submitted at any time before the beginning of witness testimony.

Rule 5.3 (Motion Can be Applied to)​

A Motion to Dismiss may be submitted against any and all claims for relief and prayer for relief.

Rule 5.4 (Original Jurisdiction)​

A Motion to Dismiss may be filed against an incorrectly filed case if another court should have original jurisdiction.

Rule 5.5 (Lack of Claim)​

A Motion to Dismiss may be filed for failure to state a claim for relief, or against an claim for relief that has insufficient evidence to support the civil or criminal charge.

Rule 5.6 (Appeal Exception)​

A Motion to Dismiss cannot be filed against any case that is being appealed.

Rule 5.7 (Failure to Include Party)​

A Motion to Dismiss can be filed for the plaintiff’s failure to join all appropriate parties to the case.

Rule 5.8 (Res Judicata)​

A Motion to Dismiss may be filed if a case on the same issue has already been decided on.

Rule 5.9 (Collateral Estoppel)​

A Motion to Dismiss may be filed if a case with a similar or, more exceptionally, same fact set has already been previously litigated.

Rule 5.10 (Statute of Limitations)​

A Motion to Dismiss may be filed if the timing of the filing of the case exceeded the statute of limitations.

Rule 5.11 (Immunity Protection)​

A Motion to Dismiss may be submitted if the defendant is statutorily or constitutionally immune from being sued.

Rule 5.12 (Lack of Personal Jurisdiction)​

A Motion to Dismiss may be submitted if the plaintiff fails to have sufficient standing in order to pursue the case.

Rule 5.13 (Failure to Provide Discovery)​

A Motion to Dismiss may be submitted if a request made within the Discovery Rules (Rule 4 and all subsections) was not complied with.

Rule 5.14 (Factual Error)​

A defendant may submit a motion to dismiss in instances where it is clear through the course of discovery that the plaintiff made a factual error in their complaint or amended complaint.

Rule 5.15 (Joinder Limitation)​

An individual Motion to Dismiss may include multiple rules for why the case should be dismissed, but must include no more than three rules under section 5.

Rule 5.16 (Prejudice Rule)​

A case where a Motion to Dismiss is successful can only be retried if the case was dismissed without prejudice, although a case dismissed with prejudice may be appealed. The presiding judge shall ultimately make the decision on whether or not the case should be dismissed with or without prejudice.

If the presiding judge fails to specify if it was dismissed with or without prejudice, it is assumed it was dismissed without prejudice.

Rule 6 (Extraneous Court Material)

Rule 6.1 (Scope and Purpose)​

This section of the rule is to describe the implementation of additional material that the Court uses in administering cases.

Rule 6.2 (Edits Not Requiring Notice)​

Any edits made to a “Information” or “Guide” within the court section of the forums thread are exempt from mandatory reporting under Rule 1.5 (Rule Amendment).

Rule 6.3 (Objections)​

Objections to questions and arguments are actionable under the methods provided within the thread “Guide” Objection Guide. Additionally, objections are actionable to witness questions pursuant to Rule 4.9 (Witness Protocol).

Rule 6.4 (Motions)​

Motions are actionable under the methods provided within the thread “Guide” Motions Guide.

Rule 6.5 (Bar to Public Defender Competency)​

A player who qualifies and is given a Public Defender to handle their case are only entitled to an attorney who will fulfill the following:
  1. Timely respond to cases on their behalf​
  2. Protect the player’s constitutional rights​
  3. Attempt to move the matter favorably in their client’s situation, even settling if needed.​
A public defender is not required to listen to the demands of a player whom is utilizing the public defender, nor is the public defender necessarily required to argue their client’s innocence.

Rule 6.6 (Response Times)​

Response times are designed to give a standard feel to the 'flow' of a case. They are provided as a standard for the courts and the parties to follow to ensure cases are progressing and not stagnating. Bellow will be a standard set of response times for each 'stage' of a case.
  • Answer to Complaint & Plea (within Criminal Court): 48 hours
  • Opening & Closing Statements: 72 hours
  • Witness Testimony, Cross Examination & Objections: 24 hours
  • Extensions: 24 hours minimum
  • Emergency Injunction: DCR | 24, FCR | 48, SCR | 72

Rule 6.7 (Opinion Day)​

For all Supreme Court Cases, verdicts will first be delivered in-game and on Stage VC on an appointed day, known as Opinion Day. There will typically be at least 3 days’ notice before Opinion Day. Immediately following the verdict release in-game, they will be posted on the associated case thread. The Court hopes this will encourage in-game activity and roleplaying, as well as help inform the public of new precedent.

Rule 7 (In-Game Trials)

Rule 7.1 (In-Game Trial Requests)​

In-Game Trials may be requested by either party in a lawsuit – Plaintiff, Prosecution, or Defendant – however it can only be approved if both parties agree to it. If the parties of the lawsuit cannot come to an agreement on a suitable time, the trial shall continue on the forums.

Rule 7.2 (In-Game Trial Procedure)​

In-Game Trials will still begin on the forums, with the original case filing and Discovery still occurring on forums, with the exception of witness testimony if the witness(es) agree to appear in-game. Ultimately, the presiding Judicial Officer(s) will decide what the remaining portion of the in-game trial will look like, but should generally follow a similar procedure to an on-forums trial.

Rule 7.3 (In-Game Trial Location)​

In-Game Trials will take place in the associated Courthouse (in-game at /courts). The District Court is on the left, the Federal Court is on the right, and the Supreme Court is in the center. For all in-game trials, a member of the Department of Justice will act as a Bailiff to ensure order in the courtroom.

Open-court cases will be open for public viewing.

Rule 7.4 (Court Briefing)​

For an in-game trial, a detailed briefing will be made along with the verdict, posted on the forums. This briefing will be composed of notes taken during the trial, by a Judge or a person otherwise appointed to record such. (This will not conflict with the Supreme Court’s Opinion Day).

The briefing will include the opening statements from each party, notes on the evidence and witness testimonies presented, and the closing statements from each party.
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