San Andreas Rules of Court

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State of San Andreas
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San Andreas Rules of Court

Fri May 04, 2018 9:14 pm

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SAN ANDREAS RULES OF COURT

QUICK DIRECTORY

I. COURT PROCEEDINGS II. RULES OF COURT
I. COURT PROCEEDINGS

In order to maximize expediency and ensure that legal proceedings are adjudicated in a timely manner, the Courts operate primarily through a set of written submissions, factums, affidavits, and other standard legal documents. Each Division of the Superior Court as well as the Supreme Court shall operate according to a standard procedure that is to be followed by all parties.

For a list of all forms, templates and filings used by the Courts, please consult the Forms and Filings Directory.

SUPERIOR COURT OF SAN ANDREAS

CIVIL DIVISION PROCEEDINGS
A civil proceeding will be initiated when one party (the Plaintiff) sues another party (the Defendant) for a specific purpose. A typical civil trial will proceed in the following manner:
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  1. Plaintiff files an initial Civil Complaint in the Superior Court Civil Division naming the Defendant and specifying their allegations them. The Civil Complaint must detail the facts alleged by the Plaintiff, the nature of their complaint(s) against the Defendant, and the restitution they are seeking.
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  2. The case is either accepted or declined by the court. If accepted, the court will order the Plaintiff to notify the Defendant of the lawsuit against them by delivering a Service of Summons to the Defendant. Once the Defendant has received the Service of Summons, the Plaintiff must notify the court of their delivery of the Service through a Proof of Service of Summons.
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  3. Upon acceptance, the Defendant will have a maximum of seventy-two (72) hours to file one of the following:
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    1. A Motion to Defend: a statement that the Defendant will defend themselves (represented by themselves or an appointed attorney) against the Plaintiff's allegations.
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    2. A Motion to Dismiss: a request to the court to dismiss the Plaintiff's lawsuit (e.g. for lack of evidence). A motion to dismiss must have substantially compelling reasons why the Plaintiff's complaint should be dismissed.
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    3. A Motion for Summary Judgement: a notice that the Defendant does not intend to proceed to trial and asks the court for a summary judgement based on the Plaintiff's complaint.
  4. If the motion to defend is accepted, the case will proceed to discovery. Both parties will have a maximum of 120 hours (five days) to file an Initial Disclosure disclosing any and all evidence they intend to use during the trial. The presiding judge may extend this period if they deem it necessary. At this stage, either party may ask the court for a subpoena to gather certain pieces of evidence that would otherwise be unavailable to them. Typical pieces of evidence include the following:
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    • Witness testimony (in the form of a written and signed affidavit);
    • Written documents (such as a contract signed by both parties);
    • Audio recordings or video footage
    Additionally, during the discovery stage either party may file a motion to bar the use of evidence by the opposing party on the grounds that it is irrelevant or was obtained in an unlawful manner.
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  5. After discovery, the case will proceed to trial. During trial, both parties must respond to one anothers' submissions within 24 hours or the court may render a summary judgement. No new evidence will be allowed to enter the record after discovery, unless deemed absolutely necessary by the judge.
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  6. The Plaintiff will begin with their opening submission. In it, they will detail their case as well as all the evidence used to support their allegations.
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  7. The Defendant will follow in a similar format with their opening submission.
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  8. The Plaintiff will deliver a responding submission against the Defendant's opening submission. They may refer to evidence already submitted.
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  9. The Defendant will follow with their responding submission.
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  10. The Plaintiff will conclude with a closing submission. In it, they will restate their case and provide a concluding argument of why the court should rule in their favor.
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  11. The Defendant will file a similar closing submission.
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  12. The court will adjourn until a verdict is rendered by the judge.
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CRIMINAL DIVISION PROCEEDINGS
Criminal proceedings will be initiated when the plaintiff, the State of San Andreas, files suit against the defendant, the accused (e.g. The People of San Andreas v. John Doe). A typical criminal prosecution will proceed in the following manner:
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  1. The State files a Criminal Information in the Criminal Division naming the defendant. The Information should detail the facts surrounding the case, the charge(s) against the defendant, the penalty the State is seeking, as well as any and all evidence the State intends to use in the course of the trial.
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  2. The defendant is brought before the court for arraignment. At this stage, the defendant may either:
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    1. Plead Guilty: The defendant accepts guilt for the criminal charges against them.
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    2. Plead Not Guilty: The defendant wishes to dispute the criminal charges against them.
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    3. File a motion for Summary Judgement: a notice that the Defendant does not intend to proceed to trial and asks the court for a summary judgement based on the Plaintiff's case alone.
  3. If the defendant pleads not guilty, the case will proceed to discovery. Both parties will have a maximum of 120 hours (five days) to disclose any and all evidence they intend to use during the trial. The presiding judge may extend this period if they deem it necessary. At this stage, either party may ask the court for a subpoena to gather certain pieces of evidence that would otherwise be unavailable to them. Typical pieces of evidence include the following:
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    • Witness testimony;
    • Physical evidence (written documents, items seized from the defendant, etc.);
    • Audio recordings or video footage
    Additionally, during the discovery stage either party may file a motion to bar the use of evidence by the opposing party on the grounds that it is irrelevant or was obtained in an unlawful manner.
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  4. After discovery, the case will proceed to trial. During trial, both parties must respond to one another's submissions within 24 hours or the court may render a summary judgement. No new evidence will be allowed to enter the record after discovery, unless deemed absolutely necessary by the judge.
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  5. The State will begin with their opening submission. In it, they will detail their case as well as all the evidence used to support their allegations against the defendant.
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  6. The State may call witnesses before the court to be asked questions and provide testimony.
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  7. The defendant may cross-examine the State's witnesses.
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  8. The defendant will follow in a similar format with their opening submission.
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  9. The State may cross-examine the defendant's witnesses.
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  10. The State will conclude with a closing submission. In it, they will restate their case and provide a concluding argument of why the court should rule in their favor.
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  11. The defendant will file a similar closing submission.
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  12. The court will adjourn until a verdict is rendered by the judge.
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APPELLATE DIVISION PROCEEDINGS
When an individual is charged, arrested, and incarcerated on a criminal offense, it is assumed that they have been found guilty in a criminal action, that they are the defendant of that action, and that they have been convicted of that offense.

When a defendant is convicted, they may appeal the conviction through the Superior Court Appellate Division. In any Appellate Division case, the convicted individual is named as the appellant/defendant and the State of San Andreas is named as the respondent/plaintiff.

An Appellate Division case will proceed in the following manner:
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  1. An arrested individual files a Notice of Criminal Appeal before the Superior Court Appellate Division. They must name themselves as the appellant/defendant and the State of San Andreas as the respondent/plaintiff.
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  2. A Superior Court judge accepts or declines the request. If the request is accepted, the judge will access the police report or arrest warrant used by the arresting police officer and review the evidence against the appellant/defendant.
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  3. The presiding judge may pose questions to either the appellant/defendant or the arresting police officer(s).
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  4. The judge will render a verdict of whether there is sufficient probable cause to justify the arrest.
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    1. If the judge determines there is not sufficient probable cause, the court will order that the appellant/defendant be immediately released from police custody (if they are still imprisoned) and order the expungement of the charge(s) against them from their criminal record. The District Attorney, of their representative, may appeal this decision and request a full trial.
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    2. If the judge determines there is sufficient probable cause, the arrest will stand.
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    3. If the appellant/defendant wishes to further appeal their arrest, they may file a Notice of Further Appeal and the case will proceed to the pre-trial stage.
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  5. The first step of the pre-trial stage is discovery. The appellant/defendant and the State/respondent will have a maximum of 120 hours (five days) to disclose any and all evidence they intend to use during the trial. The presiding judge may extend this period if they deem it necessary. At this stage, either party may ask the court for a subpoena to gather certain pieces of evidence that would otherwise be unavailable to them. Typical pieces of evidence include the following:
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    • Witness testimony (in the form of a written and signed affidavit);
    • Physical evidence;
    • Audio recordings or video footage
    Additionally, during the discovery stage either party may file a motion to bar the use of evidence by the opposing party on the grounds that it is irrelevant or was obtained in an unlawful manner.
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  6. After discovery, the case will proceed to trial. During trial, both parties must respond to one another's submissions within 24 hours or the court may render a summary judgement. No new evidence will be allowed to enter the record after discovery, unless deemed absolutely necessary by the judge.
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  7. The appellant/defendant will begin with their opening submission. In it, they will detail their case as well as all the evidence used to support their allegations.
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  8. The State/respondent will follow in a similar format with their opening submission.
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  9. The appellant/defendant will deliver a responding submission against the Defendant's opening submission. They may refer to evidence already submitted.
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  10. The State/respondent will follow with their responding submission.
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  11. The appellant/defendant will conclude with a closing submission. In it, they will restate their case and provide a concluding argument of why the court should rule in their favor.
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  12. The State/respondent will file a similar closing submission.
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  13. The court will adjourn until a verdict is rendered by the judge.
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SUPREME COURT OF SAN ANDREAS

The Supreme Court follows proceedings that utilize written or oral submissions. The Supreme Court will also allow third party intervenors interested in the outcome of the appeal to submit amicus briefs before the appellant and respondent make their submissions.

A typical Supreme Court appeal will proceed in the following matter:
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  1. The appellant follows a Petition for Appeal before the Supreme Court. The Petition should detail the facts of the case and the error(s) allegedly made by the lower court.
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  2. The case is either accepted or declined by the Supreme Court. If accepted, the court will order the appellant to notify the respondent of the appeal.
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  3. Upon acceptance, the Respondent will have a maximum of seventy-two (72) hours to file one of the following:
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    1. A Motion to Respond: a statement that the respondent intends to respond to the appeal.
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    2. A Motion to Dismiss: a request to the court to dismiss the appellant's appeal.
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    3. A Motion for Summary Judgement: a notice that the respondent does not intend to argue the appeal and requests that the court make a summary judgement based on the material before them.
  4. If the motion to respond is accepted (or the motion to dismiss or render a summary judgement denied), both parties will have a maximum of 120 hours (five days) to prepare their briefs. The Court may extend this period if it is deemed necessary. During this stage, third parties interested in the outcome of the appeal may request to file an amicus brief. This brief may outline the reasons for the third party's interest in the case, as well as arguments for how the court should rule on the appeal.
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  5. The appeal will then proceed to submissions.
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  6. The appellant will begin with their submission.
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  7. The respondent will follow in a similar format with their submission.
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  8. The presiding judges may pose questions to either the appellant or the respondent on their submissions or other matters of the case.
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  9. The appellant will conclude with a closing submission. In it, they will restate their case and provide a concluding argument of why the court should rule in their favor.
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  10. The respondent will file a similar closing submission.
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  11. The court will adjourn until a ruling is made.
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II. RULES OF COURT
CHAPTER 1. PRELIMINARY RULES
Rule 1. Definition and use of terms
  1. "Attorney" means someone acting as a lawyer for another.
  2. “Civil case/action” means a case prosecuted by one party against another for the declaration, enforcement, or protection of a right or the redress or prevention of a wrong.
  3. “Counsel” means an attorney.
  4. “Presiding judge” includes the acting presiding judge or the judicial officer designated by the presiding judge.
  5. “Person” includes a corporation or other legal entity as well as a natural person.
  6. “Party” is a person appearing in an action. Parties include both self-represented persons and persons represented by an attorney of record.
  7. "Served" means a party is presented with a notice/declaration that an action has been commenced against them.
CHAPTER 2. FILING AND ACCEPTANCE
Rule 2. Effective date of filing
  1. Unless otherwise provided, a document is deemed filed on the date it is received and accepted by the presiding judge.
  2. Once filed, a document may not be altered, edited or modified in any form without the permission of the presiding judge.
CHAPTER 3. SERVICE
[*]In all civil act
[*]Whenever a document is required to be served on a party, the service must be made on the party’s attorney if the party is represented.
[*]A party to an action will be considered served once they have been presented with a notice/declaration that an action has been commenced against them. (( If a party to an action private messages this notice on the forums, the opposing party will be considered served when they have read the message (i.e., when it leaves the sending party's outbox). ))[/list]

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