Rules for Warrant Appeals

# Rules for Warrant Appeals <p> 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. </p> ### RULE 1 - GENERAL PROVISIONS 1. **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). 2. **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. 3. **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. 4. **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. 5. **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. ### RULE 2 - PROCEDURE 1. **Submission of Evidence** (a) The parties are able to submit any evidence relevant to the warrant, under the Rules of Evidence. 2. **Oral Argument** (a) Argument is an essential part of the warrant appeals process. The Appellant must be given the opportunity to present their case, and the Appellee the same if present. The Judge may conduct the hearing as they please. ### RULE 3 - BURDEN OF PROOF 1. **In General** (a) In Warrant Appeals, the Appellant must prove on a balance of probabilities that the warrant was issued absent probable cause, or the warrant was otherwise illegal. ### RULE 4 - STAYS 1. **Stays Pending Judgment** (a) The Appellant may ask, by application, the Judge to stay execution of the warrant pending submission and judgment of a warrant appeal. (b) The Judge may only stay execution of a warrant if the warrant was not already executed. (c\) The application must outline the urgency and why a stay should be granted. (d) The Judge may grant or deny the stay. ### RULE 5 - SUBMISSION 1. **Submission** (a) A case shall be considered submitted after the conclusion of oral argument. (b) The Judge shall issue their judgment within three (3) days of the submission of the case. ### RULE 6 - JUDGMENT 1. **Judgment** (a) The Judge shall issue their opinion on the warrant, describing their findings, their answers to the issues presented, and its conclusion. (b) If the Judge finds the Appellant sufficient satisfied their burden, the warrant is to be nullified. If the warrant is to be nullified and the warrant was already executed, any resultant records shall be expunged. (c\) If the Judge finds the warrant to be properly issued, the warrant shall remain in full force and effect. (d) If a judge is ruling on the validity of a search warrant as part of a criminal trial, the judge shall make a determination on the legality of the warrant and publish their findings in the pretrial stage. ### RULE 7 - FURTHER APPELLATE PROCEDURE 1. **Appeal to the Supreme Court** (a) No order entered by the District Court sitting under these rules shall be considered a final rule. All judgments and orders are eligible to be appealed to the Supreme Court of Mayflower.