Procedures of the Imperial Judex, 3517 ASC

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Malliki
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Procedures of the Imperial Judex, 3517 ASC

Post by Malliki »

PROCEDURES OF THE IMPERIAL JUDEX

RULE I - GENERAL INTERPRETATIONS
1. These rules are intended to provide for the just determination of every court proceeding in the Imperial Judex, and shall be liberally construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

2. Where an accused or defendant is not represented by an Advocate (as registered and authenticated by the Mango Bar of Shireroth) but acts in person, anyting that these rules reque or permit an Advocate to do shall be done by the accused or defendant.

3. "Arbiter" shall be interpreted as anyone who is permitted to act as a judge in the Imperial Judex. This includes the Arbiter of the Imperial Judex and, when applicable according to law, the Assistant Arbiter.

RULE II - NON-COMPLIANCE WITH THE RULES
1. The Arbiter may only require absolute compliance with any rule where and to the extent it is necessary in the interests of justice to do so.

RULE III - PRE-TRIAL PROCEEDINGS
3.01 Any citizen of Shireroth may bring a case by filing a petition with the Arbiter, in accordance with this Rule 3.

3.02 Unless otherwise ordered by the Arbiter, an applicant shall provide, upon the filing of a petition in the Imperial Judex, the following:
(a) the applicant´s full name and residence;
(b) the defendant´s full name and residence
(c) any background information which the applicant thinks relevant to the trial;
(d) an indication of which Shirithian law(s) has been broken;
(e) a copy of any evidence or affidavits that are relevant to the trial and to the law indicated in (d);
(f) a list of all relevant links to the evidence (if any) provided in (e) in chronological order;
(g) any other material that is necessary for the hearing of the application.

3.03 The Arbiter shall have 7 days to respond to the petition. If the Arbiter does not respond, the petition will be considered dismissed.

3.04 Once the Arbiter has ruled to hear a petition, both the applicant and the defendant shall be given time to prepare any evidence or other materials they may require for the hearing.

RULE IV - TRIAL PROCEEDINGS
4.01 The Arbiter, upon beginning the trial, shall reiterate the following:
(a) the applicant;
(b) the defendant;
(c) the law(s) which has been allegedly broken

4.02 The Arbiter will allow the applicant to make an opening statement

4.03 The Arbiter will allow the defendant to make an opening statement

4.04 The Arbiter shall then ask the defendant to plead "gui guilty".

4.05 Should the defendant plead guilty, the Arbiter may make a final ruling and adjourn the trial.

4.06 Should the defendant plead not guilty, the Arbiter must continue with the trial as outlined in this rule.

4.07 The Arbiter will then allow the applicant to call zir witnesses.

4.08 All witnesses may be cross-examined by the defence.

4.09 The Arbiter will then allow the defendant to call zir witnesses.

4.10 All witnesses may be cross-examined by the applicant.

4.11 The Arbiter will allow both the applicant and the defendant to make closing statements.

4.12 The Arbiter may ask any additional questions zie may have.

4.13 The Arbiter will rule (guilty or not guilty) on each of the alleged violations.

4.14 The Arbiter will impose an ordeal for each violation that the defendant is found guilty of, or a single ordeal for all violations combined.

4.15 The Arbiter will inform the defendant that zie may appeal the ruling of the Imperial Judex within 7 days to the Kaiser.

4.16 All should address the Arbiter as "honourable Arbiter/Assistant Arbiter".

4.17 All should address the Advocate for the Defense as "Advocate".

4.18 All should address the Advocate for the applicant as "Inquisitor".

RULE V - POTENTIAL PROBLEMS

5.1 OBJECTIONS AND RULINGS
5.11 Objections to the admission of evidence are not permissable in the Imperial Judex. Both parties may introduce any evidence and the merits shall be evaluated by the Arbiter.

5.12 The Arbiter may at any time declare a statement by a witness, a piece of evidence or a statement by an Advocate or an Inquisitor to be out of order due to irrelevance to the proceedings. Said statement or evidence will then be disregarded in the final judgement.

5.2 DISRUPTION AND CONTEMPT OF JUDEX
5.21 The ruling Arbiter may find any participant in the trial in contempt of the Imperial Judex.

5.22 Contempt of Judex shall be punished by the ordeal set by the Arbiter.

5.23 A trial may not continue for as long as an accusluntarily without representation.

5.3 RIGHTS IN COURT
5.31 Every person acting in front of the Judex is entitled to respectful treatment. All accused persons are considered innocent until proven guilty. The Rule of Play shall always apply.
His Grace the Lord Brookshire, LK GMNS
Arbiter, Imperial Judex
Duke of Brookshire, Baron of Lakhesis
Knight of the Dragon
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Kaiseress Anandja II
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Joined: Thu May 13, 2010 2:42 pm

Re: Procedures of the Imperial Judex, 3517 ASC

Post by Kaiseress Anandja II »

Aren't these kind of outdated? I haven't followed them and I know of no one else that has.
Anandja II Shika
Kaiseress of Shireroth
Lady of the Golden Mango Throne
Countess of Shirekeep
'Ananita, Shika Shilota'i

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