Hello and welcome to SA Government RP Clan i hope you enjoy your stay thank you.
 
HomeHome  RegisterRegister  Log inLog in  

Share | 
 

 Welcome to San Andreas Court

View previous topic View next topic Go down 
AuthorMessage
adelpresident
The President **********
The President **********


Posts : 34
Join date : 2016-02-18
Location : USA

PostSubject: Welcome to San Andreas Court   Thu Feb 18, 2016 12:57 pm

Courts of San Andreas' Affidavit Proceedings


Introduction

This new system is put in place to ensure that cases are processed in a more timely manner, where in the previous system, court cases could stretch for months long. We realized that it's not efficient: with cases taking months to complete, players were also kept for as long, waiting for the process to complete.

With the new affidavit proceedings, the courts try to simplify the old process so that getting involved in a lawsuit does not become something that you avoid. With the simplified process, we also hope you'll be more involved with the court system, as it no longer takes months to complete one case as it used to.

Affidavit Proceedings

Affidavit Proceedings, as opposed to Trial Proceedings, is a new format of trial being introduced by the Supreme Court Office in an effort to streamline and simplify the court case process for San Andreans. This format of trial will be phased in for the Civil and Criminal Divisions of the Superior Court, while the Court of Appeals and the Supreme Court will continue with Trial Proceedings. In exceptional cases in the Superior Court divisions, however, a judge may call for Trial Proceedings if he believes it is in the interest of justice to do so.

1. File a case with the civil/criminal court as normal. This does not change.
2. A judge accepts your case based on ...
2.1 Whether you have standing.
2.2 Whether your application has sufficient information.
2.3 Whether the case was filed within a reasonable period.
(( 2.4 Whether the defendant/respondent is still actively playing the game. The plaintiff/applicant should make sure of this before he files the application. ))
3. The case is accepted.
4. The defendant files ...
4.1 A motion to defend.
4.2 A motion to dismiss.
4.3 A motion for summary judgment.
5. If the defendant does not file a motion, the judge may deliver a default judgment in favor of the plaintiff.
6. The plaintiff delivers his opening affidavit. All the plaintiff's evidence and information must be introduced here.
7. The defendant delivers his responding affidavit. All defendant's evidence and information must be introduced here.
8. The plaintiff delivers his responding affidavit. NO NEW EVIDENCE OR INFORMATION.
9. The defendant delivers his second responding affidavit. NO NEW EVIDENCE OR INFORMATION.
10. The plaintiff delivers his closing affidavit. NO NEW EVIDENCE OR INFORMATION.
11. The defendant delivers his closing affidavit. NO NEW EVIDENCE OR INFORMATION.
12. The judge may, on his discretion, allow for additional affidavits from the parties if he so chooses. THIS MAY NOT BE REQUESTED BY EITHER PARTY. They must ensure their entire case is heard in the above procedure. They cannot rely on the judge's discretion to allow additional affidavits.
13. The judge makes his judgment.

Appeal Process

The appeal process will instead be using the old Trial Proceedings format. Every case from the civil/criminal court is by default, allowed to appeal and at the judge's discretion a trial procedure may be permitted. Appeals still require a necessary demonstration that there is not simply a retrial taking place, but that an error has been made in the lack of a certain testimony OR in a court's procedures, such as acknowledgement of certain precedents.

By posting an appeal you will also be asked to pay the sum of money the courts awarded against you if it's more than $15,000. Otherwise, you will be asked to pay the flat fee of $15,000 if the money awarded against you was lower. You will get the money back if you win the appeal. This is to ensure that those who appeal truly believe that they are right, and not appealing just because they can.


Notes

All affidavits must be detailed and comprehensive. A halfhearted attempt at a rebuttal of your opponent will be taken into account by the Court as an admission by the party that they have a bad case. The judge is also not under any obligation to allow for additional affidavits, meaning that if the party's affidavits were incomplete or incorrect, they will suffer under the consequences of having a judgment awarded against them.
Parties may still object to any inadmissible information or evidence that is being introduced. The objection, however, must also be detailed. The opponent has an opportunity to rebut the objection, but it ends there. The judge must then make his ruling on the objection. No drawn-out debates about objections.
Parties may include witness testimony inside their affidavits. ANY WITNESS TESTIMONY IS BY IMPLICATION UNDER OATH. A witness who submits mala fide (in bad faith/with intent to deceive) errant or fraudulent information to the attorney in his testimony commits perjury and is liable for prosecution. There is no cross-examination or re-examination in the Civil and Criminal Divisions. In responding affidavits, however, a party may attempt to rebut a previous witness' testimony.

Back to top Go down
http://sanandreas-gov-rp.forumotion.com
 
Welcome to San Andreas Court
View previous topic View next topic Back to top 
Page 1 of 1
 Similar topics
-
» Court Heinbuch (Nov. 26-28) draw set in Kitchener
» Use of Court of the Archon
» Gta San Andreas MAP
» GTA: San Andreas - Multiplayer
» The Court of the Archon... I don't get it.

Permissions in this forum:You cannot reply to topics in this forum
San Andreas Government Roleplay CLAN :: San Andreas Government Building :: San Andreas Courts System :: Supreme Court of San Andreas-
Jump to: