Rules for Warrant Appeals

# Rules for Warrant Appeals ***These Rules should be cited as the Mayfl. R. Wa. #(#)(Letter). For example, Mayfl. R. Wa. 1(1)(a) would properly cite the first clause of the scope subsection of Rule 1.*** RULE 1 - GENERAL PROVISIONS Scope (a) These rules shall apply to all appeals of a search or an arrest warrant, as defined by An Act To Modernize the Warrant System (S.B.51). Filing; Notice of Appeal (a) An individual shall file a Notice of Appeal with the District Court Clerk indicating that they are appealing a warrant. The Notice of Appeal shall be in PDF format and filed to the Clerk through the Discord platform. It should not be hosted on a hosting platform. (b) The Notice of Appeal clearly allege why the warrant in question was wrongfully issued. The format for the notice shall be provided by the Clerk with approval by the Chief Judge. Style of Case (a) The proper style of a warrant appeal is “In Re Appellant”. (b) The District Attorney or the State may file a Notice of Appearance if they wish to contest the appeal, in which case their party would be the Appellee. Docketing (a) When the clerk receives a Notice of Appeal, they shall docket the case on the proceedings board. The Chief Judge (or Senior Judge) shall select a Judge to be assigned to hear the appeal. The Judge who issued the warrant is not able to preside of the appeal. (b) Once a Judge has been selected, the appeal shall be assigned to their docket. Criminal Prosecutions Involving Search Warrants (a) If an individual is the subject of a criminal prosecution wherein some or all evidence to be used against the individual was obtained as the result of a search warrant, and the individual seeks to contest the legality of the search warrant, the judge who presides over the criminal trial shall be the judge assigned to rule on the legality of the warrant. (b) The judge who issues the contested search warrant shall not preside over any criminal case wherein prosecutors seek to use evidence obtained as a result of the contested search warrant against the subject of the warrant.