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A
BILL
To
Enumerate judicial policy into law
The people of DemocracyCraft, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the “Judicial Procedure Act”.
(2) This Act shall be enacted immediately upon its signage.
(3) The Act has been co-sponsored by: Sen. awwimnicki0202
2 - Reasons
(1) To allow the Judicial Branch to remain impartial and arbitrate disputes under policy created by other Departments of the Government.
(2) The Judicial Branch should not themselves be creating direct policy.
3 - Definitions
(1) Plaintiff-
a. The party which brings forth a dispute to a Court of Law.
(2) Defendant-
a. The party accused or disputed against in a Court of Law.
(3) Valid Evidence-
a. Evidence which shall be allowed to be used to prove a fact true or untrue in a Court of Law, and potentially be used to reach a verdict in a Court trial.
(4) The use of the term “Plaintiff” and/or “Defendant” in this document shall include the person or persons representing the party of the same, unless otherwise specified.
4 - Rules of Material and General Evidence
(1) All recordings (video or image) of a conversation between two or more parties shall be admissible as valid evidence in Court provided one or more of the parties that participated in the conversation consents.
(2) Any recording (video or image) of an action occurring shall be admissible in Court as valid evidence.
(3) Any recording (video or image) of a business transaction or any payment shall be admissible in Court as valid evidence.
(4) Any original document which shall have been signed by its author containing testimony or other information relevant to the case at large shall be admissible in a Court as valid evidence.
(5) Any material or witness evidence or examination thereof which shall not be relevant to a case shall not be admissible. The Plaintiff or Defendant may object to a breach of this section by making an objection on the grounds of relevance.
(6) Any material or witness evidence or examination thereof which shall include an entity making a guess, assumption, or other hypothesis shall not be admissible in Court. The Plaintiff or Defendant may object to a breach of this section by making an objection on the grounds of speculation.
(7) Any material or witness evidence or examination thereof which shall be used to link general personality traits, mannerisms, or other characteristics of an entity to the actions or alleged actions of an entity shall not be admissible in Court. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of improper character evidence.
(8) Any material or witness evidence or examination thereof which shall include the statements of a person not present at Court used to prove the truth of the matter asserted shall not be admissible in Court. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of hearsay. The following are exceptions to the hearsay inadmissibility:
a. Present Sense Impression - A hearsay statement may be allowed if it describes or explains an event or condition and was made during the event or immediately after it.
b. Excited Utterance - A hearsay statement may be allowed if there was a startling event and the declarant made the statement while under the excitement or stress of the event.
c. Medical Relation - A hearsay statement may be allowed if its purpose pertains to medical diagnosis or treatment.
d. Business Records - A hearsay statement may be allowed if it is a statement included within records of a regularly conducted business activity.
e. Truth of the Matter Asserted - A hearsay statement may be allowed if it is a statement being offered for a purpose other than proving the content of the statement true.
(9) No material or witness evidence that is more than 60 days old shall be admitted to a case. Evidence that has been submitted to a case before this period has elapsed shall be admissible. Evidence submitted upon the filing of a case shall be admissible if the evidence is less than 60 days old at the time of filing. The Supreme Court may adjust this timeframe, hereby referred to as the Statute of Limitations, but the Statute of Limitations shall always be at least 30 days. The presiding Judge may toll the Statute of Limitations upon reasonable request by the Plaintiff.
(10) No witness evidence or examination of any evidence shall include any sort of fabricated information, or other information which is factually false. The plaintiff or defendant may object to a breach of this section by impeaching the witness. This process shall formally accuse the witness of perjury and make the evidence inadmissible.
5 - Rules of Witness Evidence
(1) The plaintiff and defendant shall have a fair opportunity to obtain witnesses in their favor. Each party shall be permitted to cross examine their opponent’s witnesses. The credibility of a witness shall be determined by the presiding Judge when making a ruling, based on the facts at hand and any examination regarding the credibility of a witness.
a. Before the examination of a witness, the witness must first take an oath and failure to uphold that oath in court shall be perjury. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
b. The oath shall be “I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth, and nothing but the truth.”
(2) During the examination of a party’s own witness, no question that is leading in nature, which would suggest an answer, shall be asked. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of leading question.
(3) During the examination of a witness, no question that has more than one part and asks effectively more than one question shall be asked. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of compound question.
(4) During the examination of a witness, no question shall call for a narrative answer. No witness shall provide any testimony other than what is asked of the attorney, unless the Judge feels it is necessary for the case. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of narrative question or narrative testimony, respectively.
(5) During the examination of a witness, no question that has the intent of arguing, badgering, or harassing a witness, shall be asked. No party may argue with, badger, or harass a witness. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of argumentative question.
(6) During the examination of a witness, no question that has been answered by the witness shall be repeated, verbatim or similar. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of asked and answered.
(7) During the examination of a witness, no question that is vague or misleading in nature shall be asked. No witness shall provide any testimony that is vague or misleading in nature. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of vague/ambiguous question or vague/ambiguous testimony, respectively.
(8) No witness shall neglect to provide testimony while under oath. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of non-responsive witness.
(9) No witness shall provide any conclusions or observations he/she is not qualified to make based on expertise. All observations based on the five senses shall be admissible in Court. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of lay witness opinion.
(10) No question shall be asked which would require a witness to answer on a matter he/she has no personal knowledge of, is not qualified to determine, or calls for the witness to speculate something. No witness shall provide testimony on a matter he/she has no personal knowledge of and/or is not qualified to determine. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of lack of personal knowledge/speculation.
(11) No question shall be asked in which all the components of the question have proper foundation and introduction in other elements of the trial. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of lack of foundation.
6 - Rules of Case Dismissal
(1) A case may be dismissed, with the consent of at least one of the involved parties, upon authorization of the presiding Judge, under any of the following grounds:
a. The case is frivolous. A case is considered frivolous if it was filed without serious purpose or value. Frivolous cases include those in which the defendant suffered no or negligible damage as a result of the alleged offense and a case was filed solely to harass the defendant by forcing them into court.
b. The plaintiff shall have severely misconducted, which shall include not showing up for a case or sending legal representation, tampering with evidence and/or bribing/influencing the Jury or Judge, or any other reason the presiding Judge shall interpret as an action done by the plaintiff which shall make the case unrealistic and for justice to be fairly executed.
c. If the presiding Judge determines that the evidence provided for a case is wholly inconclusive and that it would be completely unreasonable for the case to proceed, they may dismiss the case under these grounds. If the evidence is invalid, then the case could be dismissed under these grounds if the plaintiff shall not have a sufficient amount of valid evidence for the case to proceed. A case may also be dismissed under these grounds if the plaintiff fails to provide evidence within a reasonable time frame set by the presiding Judge. Witness evidence shall be considered as full potential evidence in a case, and a case shall not be dismissed solely because it lacks material evidence.
d. The case is a civil matter and filed under criminal court.
e. The case is a criminal matter and filed under civil court.
f. If the plaintiff causes the progress of the case, through his/her actions, to be delayed past one month after the case was processed. The presiding Judge may grant exceptions to this as he/she sees fit.
7 - Judicial Policy Regulation
(1) The Judiciary shall not create any regulation or rule of evidence that shall conflict, modify, amend, invalidate, add requirements/stipulations to, nor otherwise affect any of the contents within this document. The Judiciary may create additional rules of evidence that are inferior to Redmont law and may clarify any of the rules of evidence contained within this document whilst meeting all other terms of this statute at large.
BILL
To
Enumerate judicial policy into law
The people of DemocracyCraft, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the “Judicial Procedure Act”.
(2) This Act shall be enacted immediately upon its signage.
(3) The Act has been co-sponsored by: Sen. awwimnicki0202
2 - Reasons
(1) To allow the Judicial Branch to remain impartial and arbitrate disputes under policy created by other Departments of the Government.
(2) The Judicial Branch should not themselves be creating direct policy.
3 - Definitions
(1) Plaintiff-
a. The party which brings forth a dispute to a Court of Law.
(2) Defendant-
a. The party accused or disputed against in a Court of Law.
(3) Valid Evidence-
a. Evidence which shall be allowed to be used to prove a fact true or untrue in a Court of Law, and potentially be used to reach a verdict in a Court trial.
(4) The use of the term “Plaintiff” and/or “Defendant” in this document shall include the person or persons representing the party of the same, unless otherwise specified.
4 - Rules of Material and General Evidence
(1) All recordings (video or image) of a conversation between two or more parties shall be admissible as valid evidence in Court provided one or more of the parties that participated in the conversation consents.
(2) Any recording (video or image) of an action occurring shall be admissible in Court as valid evidence.
(3) Any recording (video or image) of a business transaction or any payment shall be admissible in Court as valid evidence.
(4) Any original document which shall have been signed by its author containing testimony or other information relevant to the case at large shall be admissible in a Court as valid evidence.
(5) Any material or witness evidence or examination thereof which shall not be relevant to a case shall not be admissible. The Plaintiff or Defendant may object to a breach of this section by making an objection on the grounds of relevance.
(6) Any material or witness evidence or examination thereof which shall include an entity making a guess, assumption, or other hypothesis shall not be admissible in Court. The Plaintiff or Defendant may object to a breach of this section by making an objection on the grounds of speculation.
(7) Any material or witness evidence or examination thereof which shall be used to link general personality traits, mannerisms, or other characteristics of an entity to the actions or alleged actions of an entity shall not be admissible in Court. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of improper character evidence.
(8) Any material or witness evidence or examination thereof which shall include the statements of a person not present at Court used to prove the truth of the matter asserted shall not be admissible in Court. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of hearsay. The following are exceptions to the hearsay inadmissibility:
a. Present Sense Impression - A hearsay statement may be allowed if it describes or explains an event or condition and was made during the event or immediately after it.
b. Excited Utterance - A hearsay statement may be allowed if there was a startling event and the declarant made the statement while under the excitement or stress of the event.
c. Medical Relation - A hearsay statement may be allowed if its purpose pertains to medical diagnosis or treatment.
d. Business Records - A hearsay statement may be allowed if it is a statement included within records of a regularly conducted business activity.
e. Truth of the Matter Asserted - A hearsay statement may be allowed if it is a statement being offered for a purpose other than proving the content of the statement true.
(9) No material or witness evidence that is more than 60 days old shall be admitted to a case. Evidence that has been submitted to a case before this period has elapsed shall be admissible. Evidence submitted upon the filing of a case shall be admissible if the evidence is less than 60 days old at the time of filing. The Supreme Court may adjust this timeframe, hereby referred to as the Statute of Limitations, but the Statute of Limitations shall always be at least 30 days. The presiding Judge may toll the Statute of Limitations upon reasonable request by the Plaintiff.
(10) No witness evidence or examination of any evidence shall include any sort of fabricated information, or other information which is factually false. The plaintiff or defendant may object to a breach of this section by impeaching the witness. This process shall formally accuse the witness of perjury and make the evidence inadmissible.
5 - Rules of Witness Evidence
(1) The plaintiff and defendant shall have a fair opportunity to obtain witnesses in their favor. Each party shall be permitted to cross examine their opponent’s witnesses. The credibility of a witness shall be determined by the presiding Judge when making a ruling, based on the facts at hand and any examination regarding the credibility of a witness.
a. Before the examination of a witness, the witness must first take an oath and failure to uphold that oath in court shall be perjury. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
b. The oath shall be “I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth, and nothing but the truth.”
(2) During the examination of a party’s own witness, no question that is leading in nature, which would suggest an answer, shall be asked. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of leading question.
(3) During the examination of a witness, no question that has more than one part and asks effectively more than one question shall be asked. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of compound question.
(4) During the examination of a witness, no question shall call for a narrative answer. No witness shall provide any testimony other than what is asked of the attorney, unless the Judge feels it is necessary for the case. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of narrative question or narrative testimony, respectively.
(5) During the examination of a witness, no question that has the intent of arguing, badgering, or harassing a witness, shall be asked. No party may argue with, badger, or harass a witness. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of argumentative question.
(6) During the examination of a witness, no question that has been answered by the witness shall be repeated, verbatim or similar. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of asked and answered.
(7) During the examination of a witness, no question that is vague or misleading in nature shall be asked. No witness shall provide any testimony that is vague or misleading in nature. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of vague/ambiguous question or vague/ambiguous testimony, respectively.
(8) No witness shall neglect to provide testimony while under oath. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of non-responsive witness.
(9) No witness shall provide any conclusions or observations he/she is not qualified to make based on expertise. All observations based on the five senses shall be admissible in Court. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of lay witness opinion.
(10) No question shall be asked which would require a witness to answer on a matter he/she has no personal knowledge of, is not qualified to determine, or calls for the witness to speculate something. No witness shall provide testimony on a matter he/she has no personal knowledge of and/or is not qualified to determine. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of lack of personal knowledge/speculation.
(11) No question shall be asked in which all the components of the question have proper foundation and introduction in other elements of the trial. The plaintiff or defendant may object to a breach of this section by making an objection on the grounds of lack of foundation.
6 - Rules of Case Dismissal
(1) A case may be dismissed, with the consent of at least one of the involved parties, upon authorization of the presiding Judge, under any of the following grounds:
a. The case is frivolous. A case is considered frivolous if it was filed without serious purpose or value. Frivolous cases include those in which the defendant suffered no or negligible damage as a result of the alleged offense and a case was filed solely to harass the defendant by forcing them into court.
b. The plaintiff shall have severely misconducted, which shall include not showing up for a case or sending legal representation, tampering with evidence and/or bribing/influencing the Jury or Judge, or any other reason the presiding Judge shall interpret as an action done by the plaintiff which shall make the case unrealistic and for justice to be fairly executed.
c. If the presiding Judge determines that the evidence provided for a case is wholly inconclusive and that it would be completely unreasonable for the case to proceed, they may dismiss the case under these grounds. If the evidence is invalid, then the case could be dismissed under these grounds if the plaintiff shall not have a sufficient amount of valid evidence for the case to proceed. A case may also be dismissed under these grounds if the plaintiff fails to provide evidence within a reasonable time frame set by the presiding Judge. Witness evidence shall be considered as full potential evidence in a case, and a case shall not be dismissed solely because it lacks material evidence.
d. The case is a civil matter and filed under criminal court.
e. The case is a criminal matter and filed under civil court.
f. If the plaintiff causes the progress of the case, through his/her actions, to be delayed past one month after the case was processed. The presiding Judge may grant exceptions to this as he/she sees fit.
7 - Judicial Policy Regulation
(1) The Judiciary shall not create any regulation or rule of evidence that shall conflict, modify, amend, invalidate, add requirements/stipulations to, nor otherwise affect any of the contents within this document. The Judiciary may create additional rules of evidence that are inferior to Redmont law and may clarify any of the rules of evidence contained within this document whilst meeting all other terms of this statute at large.
