Information Court Rules and Procedures

[Courts]

INTRODUCTION​

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:

Guide - Motions

INTRODUCTION A motion is a procedural device that is a formal request made to a Court for a decision on a specific part of a case. A judge will either Sustain (to agree with) or Overrule (to disagree with) a motion. Motions can be made throughout the case until a verdict is delivered. Nb...

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Guide - Objections

INTRODUCTION These are the established objections of the Court of the Commonwealth of Redmont that are established through court policy, unless otherwise codified within law. It is important that lawyers and any player who is objecting to a remark made by the opposing party or to a question...

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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.

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 Criminal Code 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 $100 for breaking this law.

2. Perjury
In accordance with the Criminal Code Act, any act which can be described as "knowingly providing false testimony in a court of law" 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 Criminal Code Act, any action which can be described as "willfully interfering with the process of justice by influencing, threatening, harming, or impeding a witness, potential witness, or law enforcement officer" or "knowingly providing false information to a law enforcement officer in the course of their duties" can be considered Obstruction of Justice, carrying a penalty of up to $300 and 60 minutes in jail.

4. Contempt Of Court
In accordance with the Criminal Code Act, any action which can be described as "disobeying a lawful order of the court" or "engaging in conduct that obstructs or interferes with the 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, are impermissibly disrespectful and act in a way unbecoming of a lawyer towards another party or a judicial officer, or disobey a court order, you can be held in Contempt of Court for disrupting the process of the law and be subject to penalties of up to $5,000 and 10 minutes in jail.

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​	Expungement Proceedings​	Appeal Proceedings​
Pre-Trial​	Pre-Trial​	​	​
CHARGES LAID Prosecution​	LAWSUIT FILED Plaintiff​	EXPUNGEMENT REQUEST FILED Petitioner​	APPEAL FILED Appellant​
|​	|​	|​	|​
PLEA Defendant​	ANSWER TO COMPLAINT Defendant​	ELIGIBILITY CONFIRMED Attorney General​	VERDICT TO GIVE APPEAL Judges​
|​	|​	|​	|​
DISCOVERY EVIDENCE FILING + WITNESS LIST​	DISCOVERY EVIDENCE FILING + WITNESS LISTS​	VERDICT Judge​	(If Accepted) APPELLATE TRIAL​
Trial Commences​	Trial Commences​	|​	|​
OPENING STATEMENT Prosecution​	OPENING STATEMENT Plaintiff​	(If Accepted) EXPUNGEMENT ORDER Judge​	APPELLANT BRIEF (Appellant)​
|​	|​	​	|​
OPENING STATEMENT Defendant​	OPENING STATEMENT Defendant​	​	APPELLEE BRIEF (Appellee)​
|​	|​	​	|​
WITNESS TESTIMONY & CROSS-EXAMINATION​	WITNESS TESTIMONY & CROSS- EXAMINATION​	​	OPPORTUNITY FOR APPELLANT RESPONSE (Appellant)​
|​			|​
CLOSING STATEMENT Prosecution​	CLOSING STATEMENT Plaintiff​	​	IN-GAME ORAL ARGUMENTS (If requested)​
|​	|​
CLOSING STATEMENT Defendant​	CLOSING STATEMENT Defendant​
|​	|​
Punishment Phase of Trial​	Damages Phase of Trial (If requested)​

​

RULES FOR DISCOVERY
Rule 1 (General Court Rules)

Rule 1.1 (Rule Application)​

Court Rules rely on the rulemaking authority set-out Part VII, § 5 of the JSA. Where power is undefined, § 13—Judicial Power—within the Constitution serves as the source of the rule’s authority. Court Rules apply in the absence of congressional law and constitutional provision. Court Rules only apply in court. Only the Court Rules created by the Supreme Court of Redmont apply in all courts. Rules or Regulations created by lower courts shall only apply in those courts.

Rule 1.1.1 (Statutory Rulemaking Supremacy)​

If a law explicitly defines, creates, or establishes a Court Rule, even if such a Court Rule exists, the statutory language acts as the controlling law.

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 for the Judiciary as a whole.

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 1.4.1 (Ex Parte Contempt Rule)​

When a Court is in session, no party with any interest in the case may privately communicate with the presiding judge without the other parties’ knowledge. A Court can issue Contempt of Court without prior warning if this occurs.

Rule 1.4.2 (Contempt at Common Law)​

Misconduct that obstructs or interferes with the administration of justice or court affairs is enough to be held in Contempt of Court without prior warning.

Rule 1.4.2.1 (Decorum & Respect towards Judicial Officers)​

Parties must respect decorum in the court. Proper behavior towards both the opposing party and the presiding judge is required in all court filings.

Rule 1.5 (Rule Amendment)​

An amendment to these rules shall be announced in 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 1.7 (Case Name Conventions & Citations)​

Case names are typically [Plaintiff] v. [Defendant] [year] Court ###. Case numbers are decided by complaint filing time and date. Appeals are typically named In re [year] OriginatingCourt ### | [year] AppealsCourt ###. The Federal Court and District Court may organize their own rules on how to handle individual exceptions to this rule for special types of cases such as Bankruptcy, Expungements, or special Property proceedings.

Rule 1.8 (Proceedings Involving Multiple Judicial Officers)​

Where a case is before more than one judicial officer, a main presiding judicial officer will be selected and announced. The main presiding judicial officer will be the point of contact and write the decisions on non-dispositive motions. All other available judicial officers who can hear such a case shall preside but not post unless to respond to a motion for consideration. After recess, any officer may post to ask administrative questions on the case.

Rule 1.9 (Judicial Questions)​

At any given point during the life of a case, a presiding judge may ask, request, or demand any party to give information, present legal research, or to show cause on a question, matter, or factual issue that is before the Court.

Rule 1.10 (Necessary Citation of Authorities)​

Per filing, any cited sources (including statutes, lawsuits, the Constitution, executive orders, etc.) must be hyperlinked to the correct forum post the first time they are mentioned.

Rule 1.11 (Damage & Punishment Phase of Trial)​

If the prosecution prevails during a criminal proceeding in the guilt phase, a secondary punishment phase shall open. This phase shall consist of one brief by the prosecution, one reply by the convicted, and one response by the prosecution. A similar phase of trial may be conducted in civil proceedings when relevant, at the court's discretion.


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 held to the most minimal standards if a civil claim is filed in the District Court with a requested remedy of no greater than $15,000. Cases that fall under this rule are immune to actions under Rule 4 (Discovery) as well as Rule 5 (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.​
3. A lawyer who answers a pleading by neither confirming nor denying pleads no contest to a fact for the purposes of a Verdict or Summary Judgment.​
4. All answers to a pleading that affirm or effectively plead no contest to a fact shall be text colored and bolded in green, and all others shall be text colored and bolded in red.​

​

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.​
3. A lawyer who answers a pleading by neither confirming nor denying pleads no contest to a fact for the purposes of a Verdict or Summary Judgment.​

​

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 on the undefended claims or facts.

3.6.1 (Default Judgment on Failure to Respond)​

Where a Defendant in a civil matter fails to file a reply or does not file a responsive pleading, and no Public Defender has been appointed, the action shall proceed to an inquest (Rule 3.6.2) either on motion or sua sponte by the Court.

3.6.2 (Inquest Proceeding)​

During a shortened modified civil procedure, the Plaintiff shall develop and argue the case before the Court in the following order and manner:
(a) Inquest Discovery. Rule 4 shall apply in full where appropriate.
(b) Witness Testimony, Subpoenas, and Writs. The Plaintiff may apply by motion for the issuance of subpoenas, writs, or summonses as the Court deems judicially prudent.
(c) Legal Brief. The Plaintiff shall submit a written brief containing a factual narrative of the controversy and all relevant legal arguments.

3.6.3 (Motion to Vacate Default)​

At any time within seven days following the Court’s declaration of the default judgement proceedings, or at the conclusion of discovery, whichever is later, any interested party or named Defendant may move to vacate the default judgment. Upon the granting of such a motion, the proceeding shall be suspended, and proceedings shall resume under the general rules of Court.
(a) The Court shall entertain such a motion upon a showing of good cause for the party’s prior failure to respond.
(b) The Commonwealth shall be entitled to the automatic granting of such a motion.

If default is vacated on Rule 3.6 (Default Judgment on Failure to Submit Defense), the Court will re-enter discovery for 72 hours to allow amendments to the answer.

Rule 3.7 (Mandatory Time for Amending an Answer)​

When an amended complaint is submitted 72 hours before discovery ends, the defendant shall have 72 hours immediately following the end of discovery to amend their answer to the complaint.

Rule 3.8 (Intervention)​

The court must join a party to a case if that party timely files and either: 1) A federal law permits them the right to do so; or 2) The case includes an interest of that party, and the case might impact that interest, unless the parties to the case are protecting it for them.

The court may permissively join a party to a case if that party timely files and either: 1) A federal law permits permissive joinder; or 2) Their claim or defense is connected to the same facts or legal issues in the main case.

A party who wants to join must: 1) File a motion to intervene; 2) Explain why they should be allowed to join; 3) Include the claim or defense they want to bring.

A government agency or official may also be allowed to join if the case involves a law, order, rule, or agreement that the agency or official is responsible for.

Rule 3.9 (Countersuits & Cross Claims)​

A counterclaim is a claim made by the person or entity being sued against the person who sued them. A counterclaim can involve any claim, but the claims must come from the same event or situation as the main case. A counterclaim must be filed with the initial answer under Court Rule 3.2.

A party may bring a crossclaim against another party on the same side if the claim 1) originates from the same case or controversy as the main case or a counterclaim; and 2) involves a claim of indemnity; or 3) is about the same interest involved in the main case. A crossclaim can be made by either permissive or mandatory intervention.

A crossclaim can also act as claim creating indemnity or security, such that any payment to a plaintiff from a defendant can then immediately be transferred to the cross-claimant. A party must file a crossclaim prior to the end of discovery. A counterclaim or crossclaim usually stays in the same case as the original lawsuit. The same judge usually decides both the original claim and the counterclaim unless:
1) The judge has a conflict of interest with the counterclaim; or
2) The counterclaim does not fit the jurisdiction for that court to handle.

If a court or presiding judge does not have authority over the counterclaim or crossclaim, that claim must be filed as a separate lawsuit.

Rule 3.10 (Third Party Claims)​

Third-Party claims are generally not allowed unless it is brought in by a third-party via proper mandatory or permissive intervention.


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 by allowing the parties to view the information so they may properly formulate their legal arguments. This principle shall guide rulings.

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 up to five days.

Rule 4.4 (Request for Extension of Discovery)​

Discovery can be extended by either the plaintiff or defendant. 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 Judicial Officer. When discovery extensions are granted, they shall be for another 3 days from the initial starting date of discovery, unless otherwise specified.

Rule 4.5 (Consent to End Discovery Early)​

If both parties consent to end Discovery early, they may request the presiding Judicial Officer 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.
• Evidence which are "cdn.discord.com" links are INADMISSIBLE as they tend to disappear after ~2 weeks. We recommend you use YouTube for videos.
• "cdn.discord.com" links are INADMISSIBLE as evidence because they tend to disappear after ~2 weeks.
• Images must be uploaded DIRECTLY TO THE FORUMS to be submitted as evidence.
• We recommend you use YouTube for videos.
• Editable text-logs are INADMISSABLE without corroboration from a secondary source.

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 after the end of discovery for failure to state a claim for relief, or against a claim for relief that has insufficient evidence to support the civil or criminal charge in any circumstance.

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 claim has already been decided on with the same parties.

Rule 5.9 (Collateral Estoppel)​

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

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 (Motion 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 that decision is not explicitly communicated, the case will be assumed as 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).

An exception will be if the Objections guide is edited in such a way that it adds a newly named objection or removes an already existing named objection. A second exception will be if the Motions guide is edited in such a way that it adds a newly named motion or removes an existing named motion.

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 6.3.1 (Objections Standards)​

Non-Witness Objections can be made at any point in time. All objections can be made against evidence and arguments. Any objection lodged must be accurate to its description within the objection guide, and cannot be used outside of their intended purpose. Objections may be responded to within 24 hours without permission from the Court.

Rule 6.3.2 (Non-Witness Objections)​

The following objections are non-witness objections:
Breach of Procedure
Perjury
Improper Evidence
Fruit of the Poisonous Tree
Privilege

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
• Damage

Judicial Officers shall notify the respective party in a case whenever they are required to deliver a filling, argument, or statement. This includes Opening Statements, Closing Statements or any other submissions required by the court. Failure to notify may justify an extension of deadlines if a party can show that they were unaware of their turn.

Rule 6.7 (Amicus Briefs)​

Any interested Attorney or duly registered Barrister may ask permission to post an amicus brief. Such An application under this section shall state:
(a) the interest of the movant in the subject matter of the case;
(b) an affirmative statement attesting that the movant has no personal, pecuniary, or outcome-based interest in the disposition of the case; and
(c) that the proposed brief concerns a legal argument arising from constitutional principles, historical development of law, overturned or modified precedent, or a uniquely situated legal issue.
The Court may issue Contempt of Court charges where an amicus application is materially deficient, misleading, or causes the Court to be misapprehended.


Rule 7 (In-Game Proceedings)

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 right, the Federal Court is on the left, 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.

Rule 7.5 (In-Game Oral Arguments)​

In-Game Oral Arguments may be requested during appeal proceedings, and may occur only if both parties involved consent and have posted their arguments in the appeal. Oral Arguments will follow the general proceedings and procedures outlined for In-Game Trials as described in Rule 7, except for Rule 7.4.

The time for In-Game Oral Arguments will generally be no more than fifteen minutes per side. The appellant will go first, and may choose to save any remaining time at the conclusion of their first speech for a secondary rebuttal speech at the end of the appellee's turn. The recommended format is a 10 minute appellant argument, followed by a 15 minute appellee argument, and then a 5 minute appellant rebuttal.

Presiding officers may interrupt the speaker at any time to ask questions. Speakers should respond to those questions and then move on with their argumentation. Presiding officers may be as lenient as they like with regards to timing, and are encouraged to give speakers a moment to finish their final thought or answer a question if the presiding officer gives a question just before time elapses. Presiding officers are to give time warnings in any manner they see fit, including an in-game lighting solution.


Rule 8 (Appellate Proceedings)

Rule 8.1 (Evidence in Appellate Trials)​

No new evidence or witness testimony may be submitted during an appellate trial. The only exception to this rule is relevant evidence that has recently come to light that was not (or could not) have been found during the course of the initial trial proceedings with some reasonable due diligence, or a witness that could not have been identified with the same standard of care.

The evidence or proposal for a new witness should be included in the movant's initial brief (either the appellant's first brief or the appellee's sole brief).

Rule 8.2 (Standards of Review)​

An appellate court can review issues utilizing different standards.

De Novo: If an issue involves a question of law and no issues of fact, an appellate court will set aside the legal decision and review the case from the factual determinations.

Clear (or plain) Error: For issues that are patently obvious, an appellant must show 1) error; 2) that is clear (or plain); 3) that affects constitutional rights; and 4) that impacts the fairness, integrity, or public reputation of judicial proceedings.

Rule 8.3 (Claim Preservation)​

To raise on appeal an error of law created during a trial, a party must contemporaneously and properly object to that error at the trial level and obtain a final ruling by the court.

Rule 8.3.1 (Preservation Exceptions)​

The only exceptions to claim preservations are: the jurisdiction of the trial court, plain, obvious errors that result in manifest injustice, errors of law, and constitutional claims.

Rule 8.4 (Basis of Appeals)​

An appeal must seek to reverse a specific error of law or fact. If an appeal does not cite specific errors of law or fact, but instead solely contests the outcome of a verdict, that appeal does not have standing.

Rule 8.5 (Argumentation in Brief)​

Reviewing courts must resolve appeals only on the arguments presented in brief, unless a constitutional issue exists or the otherwise unanswered issue would create manifestly unjust and improper results.

Rule 8.6 (Responding Party)​

When an appellant files an appeal, the responding party to that appeal depends on the content. When the non-moving party in the original case has no interest in the appeal lodged, the responding party shall be a trial court or other official that may be given an order by the reviewing court. That responding party may or not give a response brief, at the discretion of the reviewing court.


Rule 9 (Motions on Judgments)

Rule 9.1 (Summary Judgment)​

Summary judgment means a party asks the court to decide all or part of a case without a trial and can be requested at any time prior to the close of opening statements. The court may grant summary judgment if there is no real disagreement about a material fact. Summary Judgment does not require that all facts be agreed upon, just that there is no real disagreement regarding a material fact. A party must prove that no real disagreement exists regarding a material fact with evidence that has been established as part of the case records.

A party may ask for summary judgment on: 1) A whole claim; 2) Part of a claim; 3) A whole defense; or 4) Part of a defense.

If the court does not grant everything asked for, it may still decide that certain important facts are established in the case. Those facts will then be treated as true going forward.

Rule 9.2 (Motion for Judgment as a Matter of Law)​

A motion for judgment as a matter of law may be made at any time before closing statements are posted, as that is the last time new arguments or evidence may be submitted. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.

If the Court determines that it has fully heard an issue during a trial, and the court finds no legally sufficient evidentiary basis to find for the party on that issue, the court may resolve the issue against the party and grant a motion for judgment as a matter of law against the party on a claim or defense.

Rule 9.3 (Motion to Correct Errors)​

When a final verdict or order gets placed, a Court thread may be reopened on request to the Judge with mention of the other party by pinging both the judicial officer and party in #legal of the DemocracyCraft Discord. The only motion that can be made is one by either party to make corrections for math errors, simple mistakes in the facts, and to correct information in the verdict. After three days, a court shall not materially change the outcome of a verdict or otherwise reverse legal errors or determinations absent a final verdict in a relevant appeal.


Rule 10 (Remedies & Sentencing)

Rule 10.1 (Criminal Sentencing)​

A presiding judge must have a sentencing phase of trial following any decision of guilt to determine jail time, fines, and/or other punishments authorized under law. Such a hearing shall consider any factors authorized by law. The sentencing phase shall consist of no less than an opening brief from the Commonwealth, the Defendant’s brief, and then a response brief from the Commonwealth. No witnesses or evidence may be introduced unless previously called for during discovery.

Rule 10.2 (Civil Remedies)​

A motion can be made by a plaintiff or defendant prior to the end of discovery to request a second hearing on damages following a final and complete determination of liability. The court has full discretion to grant a second hearing on damages.