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title: Rules of the Supreme Court
robots: noindex, nofollow
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# Rules of the Supreme Court
These Rules should be cited as the Emer. S. Ct. #.#.#. For example, Emer. S. Ct. 1.1.1 would properly cite the first clause of the first paragraph of Rule 1.
## Part I - THE COURT
### RULE 1 - The Clerk of Court
1. The Clerk receives documents for filing with the Court and has authority to reject any submitted filing that does not comply with these rules.
2. The Clerk maintains the Court’s records and will not permit any of them to be removed from the Court except as authorized by the Court.
1. Any document filed with the Clerk and made a part of the Court’s records may not thereafter be withdrawn from the official Court files.
2. After the conclusion of proceedings in this Court, original records and documents transmitted to this Court by any other court will be returned to the court from which they were received.
3. The Clerk, with the advice and consent of the Court, may appoint a Deputy Clerk who may exercise the same powers as the Clerk under his direction.
4. The Clerk will release an orders list on each Sunday and Wednesday.
1. The orders list shall contain:
1. cases placed on the docket;
2. petitions granted;
3. briefing schedules in accorance with Rule 11;
4. documents ordered and their deadlines;
5. cases declined for filing;
6. cases dismissed;
7. cases decided;
8. and other miscellaneous orders.
2. No orders list shall be released if no business has occured.
3. The orders list shall be published by the Chief Justice, or by an Associate Justice with permission from the Chief Justice.
### RULE 2 - The Marshal of the Court
1. The Marshal of the Court shall be designated by a vote of the Court and must be a sworn officer of the Creeksville Police Department.
1. Following their designation, the Marshal shall assume the title as head of the Creeksville Police Department’s Supreme Court Police division.
2. The removability of the Marshal shall be determined by the Chief Justice.
2. The Marshal of the Court shall freely designate members of the Creeksville Police Department to the Supreme Court Police division while ensuring that the designees are well-trained and fit for their duties.
1. There must be a minimum of five (5) members of the Supreme Court Police division (including the Marshal and their Deputy Marshals) at any given time.
2. The Marshal will also delegate three (3) members of the Creeksville Police Department to be a Deputy Marshal.
3. Collectively, the Supreme Court Police shall be responsible for providing security to Justices of this Court, the Supreme Court Conference Room, and the Supreme Court Chambers.
4. Law enforcement officers not part of the Supreme Court Police may be removed from the Supreme Court Chambers or Supreme Court Conference Room at the discretion of the Marshal or Chief Justice.
5. The Marshal of the Court shall maintain regulations and guidelines for how the Supreme Court Police are to properly conduct their duties.
### RULE 3 - Terms of the Court
1. The Court holds a continuous annual term commencing on the first day of January and ending on last day of December.
### RULE 4 - Session and Quorum
1. The Court shall hold sessions and hear arguments at such times as it orders.
2. Three members of the Court constitute a quorum.
3. In the absence of a quorum on any day appointed for holding a session of the Court, the Justices attending—or if no justice is present, the Clerk or a Deputy Clerk—may announce that the Court will not meet until there is a quorum.
## PART II - ATTORNEYS AND COUNSELORS
### RULE 5 - Admission to the Bar
1. To qualify for admission, an applicant must have been admitted to the State’s Bar for a period not less than 1 month, have a certificate from the Mayflower Bar Association certifying the applicant has completed courses set by the Court, and must possess the signature and statement of two of the following, whereby two different people in the same title count as different signatures:
1. judge,
2. justice,
3. general,
4. director,
5. chief,
6. developer,
7. chief justice,
8. chief judge,
9. governor,
10. lieutenant governor,
11. senator,
12. sheriff,
13. attorney general,
14. solicitor general.
2. Each applicant shall, upon requesting admission, undergo direct scrutiny by two or more justices assembled and be put to a vote in which a simple majority of the entire Court must vote in favor of. The Court may deny admission to any applicant for any reason.
3. If the completion of all fields demonstrates the necessary qualifications, and if the applicant has been approved by the Court, a representative of the Court shall notify the applicant of acceptance and is to issue a certificate of admission.
### RULE 6 - Argument *pro hac vice*
1. An attorney not admitted to the Court’s Bar, but otherwise on the State Bar, may be admitted to practice *pro hac vice*.
2. Oral argument *pro hac vice* is allowed only on motion of the counsel of record for the party on whose behalf leave is requested.
1. The motion shall state concisely the qualifications of the attorney who is to argue *pro hac vice*.
2. The motion shall be filed with the Clerk, in the form required by Rule 23.
### RULE 7 - Disbarment and Disciplinary Action
1. Whenever a member of the Bar of the Court has been disbarred or suspended from practice in State Bar, or has engaged in conduct unbecoming a member of the Bar of the Court, or files meritless frivolous litigation, the Court will enter an order suspending that member from practice before this Court and affording the member an opportunity to show cause, within 5 days, why a disbarment order should not be entered. Upon response, or if no response is filed in a timely manner, the Court will enter an appropriate order.
2. After reasonable notice and an opportunity to show cause why disciplinary action should not be taken, and after a hearing if material facts are in dispute, the Court may take any appropriate disciplinary action against any attorney who is admitted to practice before it for conduct unbecoming a member of the Bar or for failure to comply with these Rules or any Rule or order of the Court.
### RULE 8 - Appearance of Counsel
1. An attorney seeking to file a document in this Court is a representative capacity must first be admitted to practice before this Court as provided in Rule 5, except that admission to the Bar of this Court is not required for an attorney appointed under any applicable statute. The attorney whose ROBLOX username and Discord username appears on the cover of a document presented for filing is considered counsel of record, and a separate notice of appearance need not be filed. If the name of more than one attorney is shown on the cover of the document, the attorney who is counsel of record shall be clearly identified.
2. An attorney representing a party who will not be filing a document shall enter a separate notice of appearance as counsel of record indicating the name of the party represented. A separate notice of appearance shall also be entered whenever an attorney is substituted as counsel of record in a particular case.
## PART III - APPELLATE JURISDICTION
### RULE 9 - Appeal by Right
1. One may appeal by right from an inferior court from the following conditions as provided by the Mayflower Constitution Art. 9 §3:
1. from an interlocutory or final order or judgment deciding a constitution question;
2. from a final judgment exceeding $3,000 in monetary damage;
3. from a final judgment of a sentence exceeding two hours in prison;
4. from an interlocutory or final order directing a government official perform a duty;
5. from a final judgment deciding a question of false arrest; or
6. from an order refusing to recuse from an action.
2. One may also appeal by right pursuant to Emer. R. Crim. P. 12(1):
1. The government is entitled to appeal an order of a court in a criminal case if the order:
1. dismisses an indictment, information, or complaint or any portion of an indictment, information, or complaint;
2. arrests or modifies a judgment;
3. grants a new trial;
4. sustains a claim of former jeopardy; or
5. grants a motion to suppress evidence, a confession, or an admission, if jeopardy has not attached in the case and if the prosecuting attorney certifies to the trial court that the appeal is not taken for the purpose of delay and that the evidence, confession, or admission is of substantial importance in the case.
2. The government is entitled to appeal a sentence in a case on the ground that the sentence is illegal.
3. The government is entitled to appeal a ruling on a question of law if the defendant is convicted in the case and appeals the judgment.
4. A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed, provided, however, before the defendant who has been convicted upon either his plea of guilty or plea of nolo contendere before the court and the court, upon the election of the defendant, assesses punishment and the punishment does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and his attorney may prosecute his appeal, he must have permission of the trial court, except on those matters which have been raised by written motion filed prior to trial.
3. Persons who wish to appeal via right must file a Notice of Appeal. A Notice of Appeal shall contain the following:
1. the name of the court;
2. the docket number;
3. the parties;
4. the source of the appeal;
5. a jurisdictional statement;
6. the questions presented;
7. the counsel that filed the notice.
1. If multiple attorneys are representing the petitioner(s), the counsel of record must be clearly identified.
4. A notice of appeal shall be served on the following:
1. the Clerk of the lower court;
2. the opposing party.
5. Upon filing of a notice of appeal, the appeal will be docketed so long as probable jurisdiction is noted and a briefing schedule will be established in accordance with Rule 11.
### RULE 10 - Petition for a Writ of Certiorari
1. An individual seeking to appeal the judgment of an inferior court whereby they do not possess the requirements to appeal by right of action may appeal to the Supreme Court for discretionary review via a petition for a writ of certiorari.
2. A petition for a writ of certiorari may be filed with the Court for an appeal in an action, originating in a lower court.
3. The front cover of a petition shall contain the following:
1. the name of the court;
2. the docket number;
3. the parties;
4. the source of the appeal;
5. the counsel that filed the petition.
1. If multiple attorneys are representing the petitioner(s), the counsel of record must be clearly identified.
4. The petition shall contain the following:
1. the question(s) presented;
2. a statement of jurisdiction;
3. a statement of the case;
4. reasons for granting the petition;
5. a conclusion.
5. Upon filing of a petition, the Clerk will distribute the documents to the Court for its consideration.
6. If the Court orders the case set for argument, the Clerk or any Justice will notify the parties whether additional briefs are required and when they shall be filed.
7. The petition shall be served on the respondent(s). Within five days after the petition is filed with the Court, the respondent(s) shall file any brief(s) in opposition.
1. If a party named as a respondent does not wish to respond to the petition, that party may so advise the Clerk and all other parties by letter.
2. All persons served are deemed respondents for all purposes in the proceedings in this Court.
8. Upon granting a writ of certiorari, the appeal will be docketed and a briefing schedule will be established in accordance with Rule 11.
### RULE 11 - Briefing Schedule
1. Upon docketing of an appeal, the Court shall order all necessary transcripts from the Clerk of the lower court relating to the appealed matter.
2. Upon docketing of an appeal, the Clerk shall set a briefing schedule for the filing of Rule 12, Rule 13, Rule 14, and Rule 27 briefs.
3. The briefing schedule shall be announced in the next orders list in accordance with Rule 1.4.
### RULE 12 - Appellant Brief
1. The appellant brief shall be filed in accordance with the briefing schedule established as per Rule 11.
2. The appellant brief shall contain the following:
1. the questions presented;
2. a statement of the case;
3. an argument;
4. a conclusion.
3. The Argument of the appellant brief shall argue why the Court should answer the questions presented in their favor.
4. The Clerk may file a brief that is late as defined by the briefing schedule within 48 hours, but must indicate that the brief was not filed on time.
### RULE 13 - Appellee Brief
1. The appellee brief shall be filed in accordance with the briefing schedule established as per Rule 11.
2. The appellee brief shall contain the following:
1. the questions presented;
2. a statement of the case;
3. an argument;
4. a conclusion.
3. The Argument of the appellee brief shall argue why the Court should answer the questions presented in their favor.
4. The Clerk may file a brief that is late as defined by the briefing schedule within 48 hours, but must indicate that the brief was not filed on time.
### RULE 14 - Reply Briefs
1. Replies may be filed in accordance with the briefing schedule established as per Rule 11.
2. A reply brief shall contain the following:
1. a summary of the argument;
2. an argument;
3. a conclusion.
3. The argument of the reply Brief shall respond to the argument of the opposing party’s brief; and elaborate for why. The reply should not raise new issues, or issues unrelated to the brief it is replying to.
4. The Clerk may file a brief that is late as defined by the briefing schedule within 48 hours, but must indicate that the brief was not filed on time.
### RULE 15 - Submission of Case
1. A case shall be submitted after the following:
1. the conclusion of the briefing schedule established as per Rule 11;
2. the conclusion of oral argument if granted in accordance with Rule 30; or
3. upon the Court's decision to submit a case and dispose of it summarily.
2. No more briefs shall be filed towards a case that is submitted.
3. Motions may be entertained at the discretion of the Court.
### RULE 16 - Judgment
1. The Court shall issue its judgment within fifteen (15) days after the submission of the case.
1. The Court may issue its judgment after this period at its own discretion.
2. The Court shall issue an opinion on the case submitted before it, describing the following:
1. its findings;
2. its answers to the issues presented;
3. its conclusion and action.
3. The Court may, at its discretion, withhold an opinion from publishing; therefore removing it from precedent.
4. If the Court has recently answered the questions to a similar case before it, the Court may dispose of the case in summary judgment.
1. The summary judgment must be in line with the precedent that the answered case provides.
### RULE 17 - Mandate
1. Upon the Court’s issuing of Judgment, the Clerk shall issue a mandate to the lower court within four (4) days.
2. The mandate shall contain the following:
1. The order of the Court;
2. whether reversed or affirmed.
### RULE 18 - Absence of Second Party
1. Any instance where the appellee fails; refuses to; or proves incompetent by the Court to respond to the appellant’s appeal, shall be considered an absence of a second party.
2. Any instance where the Court finds it necessary for the presence of opposing counsel in any case, the Court may appoint qualified counsel to represent the appellee.
3. The Court may entertain any motion to intervene by an outside party, providing they can show the Court that their intervention is needed to protect their interests.
### RULE 19 - Parties Without Counsel
1. Parties that do not have counsel to represent them in any case before the Court may request the Court appoint them appropriate counsel.
2. Any defendant considered unable to obtain counsel may request the Court appoint them counsel in any appeal of a criminal conviction.
3. The Court may appoint counsel in any instance where a party lacks it in an appeal.
## PART IV - ORIGINAL JURISDICTION
### RULE 20 - Procedure in an Original Action
1. This Rule applies only to an action invoking the Court’s original jurisdiction under *art. 11, sect. 2* of the *Mayflower Constitution*. A petition for an extraordinary writ in aid of the Court’s appellate jurisdiction shall be filed as provided by Rule 22.
3. All actions begun under this Rule shall be initiated by filing a motion for leave to file a bill of complaint with the Clerk.
4. A respondent may, within seven (7) days after the motion is filed, file a brief in opposition that shall contain:
1. a statement stating what action it would like the Court to take, and;
2. a brief response to any argument(s) petitioner marks.
5. Except where otherwise provided by this Rule or by the Court, the procedure for all proceedings under this Rule, Part V and VI shall govern.
### RULE 21 - Procedure on a Certified Question
1. Any recognized court of law in the State of Mayflower may certify to this Court a question or proposition of law on in which it seeks instruction for the proper decision of a case.
2. The certificate shall contain a statement of the nature of the case and the facts on which the question or proposition of law arises.
1. Only questions or propositions of law may be certified, and they shall be stated separately and with precision.
2. The certificate shall be signed by the clerk of the court seeking a certified question under this Rule.
3. Any petition shall be filed with the Clerk, and the Clerk will distribute the documents to the Court for its consideration.
4. If the Court orders the case set for argument, the Clerk or any Justice will notify the parties whether additional briefs are required and when they shall be filed.
### RULE 22 - Procedure on a Petition for an Extraordinary Writ
1. Issuance by the Court of an extraordinary writ authorized by the *Mayflower Constitution, Art. XI, § 5*, is not a matter of right, but of discretion sparingly exercised.
1. To justify the granting of any such writ, the petition must show that the writ will be in aid of the Court’s appellate or original jurisdiction, that exceptional circumstances warrant the exercise of the Court’s discretionary powers, and that adequate relief cannot be obtained in any other form or from any other Court.
2. A petition seeking a writ of prohibition, a writ of mandamus, or both in the alternative shall state the name and office or function of every person against whom relief is sought and shall set out with particularity why the relief sought is not available in any other Court.
1. A copy of the judgment with respect to which the writ is sought, including any related opinion, shall be appended to the petition together with any other document essential to understanding the petition.
3. Any petition shall be filed with the Clerk, and the Clerk will distribute the documents to the Court for its consideration.
4. If the Court orders the case set for argument, the Clerk or any Justice will notify the parties whether additional briefs are required and when they shall be filed.
5. The petition shall be served on every party to the proceeding with respect to which relief is sought.
1. If a party named as a respondent does not wish to respond to the petition, that party may so advise the Clerk and all other parties by letter.
2. All persons served are deemed respondents for all purposes in the proceedings in this Court.
6. Within thirty days after the petition is placed on the docket, a party shall file any brief(s) in opposition.
## PART V - MOTIONS; APPLICATIONS; AND BRIEFS
### RULE 23 - Motions to the Court
1. Every motion to the Court shall clearly state its purpose and the facts on which it is based and may present legal argument in support thereof.
1. No separate brief may be filed.
2. A motion should be concise and shall comply with any applicable page limits.
3. Non-dispositive motions and applications in cases in which certiorari has been granted, probable jurisdiction noted, or consideration of jurisdiction postponed shall state the position on the disposition of the motion or application of the party or parties to the case.
2. All motions shall be presented in pleading format:
1. the name of the court;
2. the parties;
3. title of the motion;
4. docket number;
5. headings centered and bolded.
3. A motion to the Court shall be filed with the Clerk.
1. No motion may be presented in open Court except when the proceeding to which it refers is being argued.
2. Oral argument on a motion will not be permitted unless the Court so directs.
4. Any response to a motion shall be filed as promptly as possible considering the nature of the relief sought and any asserted need for emergency action, and, in any event, within three (3) days of receipt, unless the Court or a Justice, orders otherwise.
5. The court shall issue its judgment on motions as follows:
1. whether granted or denied;
2. whether issued with our without statement;
3. statement attached *per curiam* or of individual Justice if issued.
### RULE 24 - Applications to Individual Justices
1. An application addressed to an individual Justice may be filed with either the Clerk or the Justice concerned. The Clerk will transmit any individual applications to the Justice concerned as soon as practically possible.
2. The Justice that receives the application may take the following actions to dispose of the application:
1. grant the application, by themselves;
2. deny the application, by themselves;
3. refer the application to the Court.
3. The Clerk shall notify all parties of the outcome of any application.
### RULE 25 - Stays
1. A stay may be granted by a Justice as permitted by law.
2. If the government is seeking appeal by right through Rule 9, or Emer. R. Crim. P. 12(1), they are entitled to a stay in proceedings pending the disposition of the appeal.
3. A party to a judgment sought to be reviewed may present to a Justice an application to stay the enforcement of that judgment.
4. An application for a stay shall set out with particularity why the relief sought is not available from any other Court.
1. Except in the most extraordinary circumstances, an application for a stay will not be entertained unless the relief requested was first sought in the appropriate Court(s) below or from a judge(s) thereof.
2. An application for a stay shall identify the judgment sought to be reviewed and have appended thereto a copy of the order and opinion, if any, and a copy of the order, if any, of the Court or judge below denying the relief sought, and shall set out specific reasons why a stay is justified.
5. The Justice that receives the application may take the following actions to dispose of the application:
1. grant the application, by themselves;
2. deny the application, by themselves;
3. refer the application to the Court.
6. Any application for Stay granted by an individual Justice shall remain effective for forty-eight (48) hours, unless removed or extended by referral to the entire Court.
### RULE 26 - Briefs on the Merits; In General
1. A brief on the merits shall be submitted by all parties.
2. The brief on the merits shall contain:
1. the questions presented for review;
1. The questions shall be set out on the first page following the cover, and no other information may appear on that page.
2. The phrasing of the questions presented need not be identical with that in the petition for a writ of certiorari or the jurisdictional statement, but the brief may not raise additional questions or change the substance of the questions already presented in those documents.
3. At its option, however, the Court may consider a plain error not among the questions presented but evident from the record and otherwise within its jurisdiction to decide.
2. the argument, clearly exhibiting the points of fact and of law presented and citing the authorities and statutes relied on;
3. a conclusion specifying with particularity the relief the party seeks.
3. A brief shall be concise, logically arranged with proper headings, and free of irrelevant, immaterial, or scandalous matter.
1. The Court may disregard or strike a brief that does not comply with this paragraph.
4. When required, the Court will set a time by which the briefs on the merits must be filed.
1. The time may be extended by the Court on the motion of a party.
2. The Clerk will reject any filing that is not timely, except that of a party filed by leave of Court.
2. The Clerk will reject any filing that is not timely, except that of a party filed by leave of Court.
### RULE 27 - *AMICUS CURIAE*
1. An *amicus curiae* brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court.
1. An *amicus curiae* brief that does not serve this purpose burdens the Court, and its filing is not favored.
2. An *amicus curiae* brief may be filed only by an attorney admitted to practice before this Court as provided in Rule 5.
2. An *amicus curiae* brief submitted before the Court’s consideration of a motion for leave to file a bill of complaint, jurisdictional statement, petition for a writ of certiorari, or petition for an extraordinary writ, may be filed if accompanied by the written consent of all parties, or if the Court grants leave to file under paragraph 11 of this Rule.
3. An *amicus curiae* brief in support of a petitioner or appellant shall be filed within 15 days after the case is placed on the docket, the submission of a case under Rule 15, or a response is called for by the Court, whichever is later, and that time will not be extended. An *amicus curiae* brief in support of a motion of a plaintiff for leave to file a brief in an original action shall be filed within 15 days after the case is placed on the docket, and that time will not be extended.
4. An *amicus curiae* brief in support of a respondent, an appellee, or a defendant shall be submitted within the time allowed for filing a brief in opposition or a motion to dismiss or affirm.
5. An *amicus curiae* filing a brief under this Rule shall ensure that the counsel of record for all parties receive notice of its intention to file an *amicus curiae* brief at least 2 days prior to the due date for the *amicus curiae* brief, unless the *amicus curiae* brief is filed earlier than 2 days before the due date.
6. Only one signatory to any *amicus curiae* brief filed jointly by more than one *amicus curiae* must timely notify the parties of its intent to file that brief.
7. The *amicus curiae* brief shall indicate that counsel of record received timely notice of the intent to file the brief under this Rule and shall specify whether consent was granted, and its cover shall identify the party supported.
8. Only one signatory to an *amicus curiae* brief filed jointly by more than one *amicus curiae* must obtain consent of the parties to file that brief.
9. A petitioner or respondent may submit to the Clerk a letter granting blanket consent to *amicus curiae* briefs, stating that the party consents to the filing of *amicus curiae* briefs in support of either or of neither party.
10. The Clerk will note all notices of blanket consent on the docket.
11. When a party to the case has withheld consent, a motion for leave to file an *amicus curiae* brief before the Court’s consideration of a motion for leave to file a bill of complaint, jurisdictional statement, or petition for an extraordinary writ may be presented to the Court.
12. No motion for leave to file an *amicus curiae* brief is necessary if the brief is presented on behalf of the State of Mayflower by the Solicitor General or on behalf of any county or municipality.
13. An *amicus curiae* brief in a case before the Court for oral argument may be filed if accompanied by the written consent of all parties, or if the Court grants leave to file under paragraph 11 of this Rule.
14. The brief shall be submitted within 7 days after the brief for the party supported is filed, or if in support of neither party, within 7 days after the time allowed for filing the petitioner’s or appellants brief.
1. Motions to extend the time for filing an *amicus curiae* brief will not be entertained.
## PART VI - PRACTICE AND PROCEDURE
### RULE 28 - Filing and Service of documents
1. All documents filed with the court shall be filed in the relevant Discord case chat, or where none exists, with the Clerk.
2. Unless the Court orders otherwise, all documents filed must be uploaded in Portable Document Format (PDF).
3. Proof of service, when required by these Rules, shall accompany the document when it is presented to the Clerk for filing and shall be separate from it.
1. Proof of service shall contain, or be accompanied by, a statement that all par ties required to be served have been served, together with a list of the names, addresses, and telephone numbers of counsel indicating the name of the party or parties each counsel represents.
2. It is not necessary that service on each party required to be served be made in the same manner or evidenced by the same proof.
4. All documents in cases where the party is a person will be served on a Discord account linked to the ROBLOX account of the party, or, where none exists, through ROBLOX direct messages.
1. If a person is served through Discord, the proof of service must be accompanied with proof that the person owns the Discord account which is served.
5. All documents in cases involving the government shall be served on:
1. the head of the government agency involved;
2. the deputy head of the government agency involved;
3. the Solicitor General.
6. All documents in cases involving a corporation shall be served on the legal counsel of the corporation, or where the corporation has none, the owner.
7. Service shall be completed by the party who is filing the document with the Clerk unless the Court orders otherwise.
### RULE 29 - Formatting of Documents
1. All documents shall be on white, 8 1⁄2 by 11 inch paper.
2. All documents shall have body contents that:
1. are in printed font;
1. Printed fonts include but are not limited to: Century, Century Schoolbook, Times, Times New Roman, Georgia, and Cambria.
2. are in 12-pt single-spaced paragraph text;
3. have 10-pt single-spaced footnotes;
4. have headings that are centered and bold;
1. Headings may be up to 14-pt in size, but no less than 12-pt.
5. margins that are no less than 1 inch and no more than 2 1⁄2 inches.
3. The front cover page of any document shall contain the following:
1. the name of the court;
2. the docket number;
3. the parties;
4. the source of the appeal (if applicable);
5. the subject of the document;
6. the counsel that filed the document.
4. Documents may, but are not required to contain the following:
1. a table of contents;
2. a table of authorities;
3. an appendix;
4. a glossary.
5. All documents filed to this Court must comply with this rule unless otherwise stated or ordered by the Court.
1. Emergency applications are exempt from this rule.
### RULE 30 - Oral Arguments
1. Oral argument will only be used on the motion of the Court or of a party.
2. Oral argument should emphasize and clarify the written arguments in the briefs on the merits. Counsel should assume that all Justices have read the briefs before oral argument. Oral argument read from a prepared text is not favored.
3. Unless the Court directs otherwise, each side is allowed one- half hour for argument. Counsel is not required to use all the allotted time.
1. Any request for additional time to argue shall be presented by motion under Rule 23 in time to be considered at a scheduled Conference prior to the date of oral argument and no later than seven (7) days after the respondent’s or appellee’s brief on the merits is filed, and shall set out specifically and concisely why the case cannot be presented within the half hour limitation. Additional time is rarely accorded.
4. Only one attorney will be heard for each side, except by leave of the Court on motion filed in time to be considered at a scheduled Conference prior to the date of oral argument and no later than seven (7) days after the respondent’s or appellee’s brief on the merits is filed.
1. Any request for divided argument shall be presented by motion under Rule 23 and shall set out specifically and concisely why more than one attorney should be allowed to argue. Divided argument is not favored.
5. Regardless of the number of Counsel participating in oral argument, counsel making the opening argument shall present the case fairly and completely and not reserve points of substance for rebuttal.
6. Oral argument will not be allowed on behalf of any party for whom a brief has not been filed.
7. By leave of the Court, and subject to paragraph 4 of this Rule, counsel for an amicus curiae whose brief has been filed as provided in Rule 27 may argue orally on the side of a party, with the consent of that party.
1. In the absence of consent, counsel for an amicus curiae may seek leave of the Court to argue orally by a motion setting out specifically and concisely why oral argument would provide assistance to the Court not otherwise available. Such a motion will be granted only in the most extraordinary circumstances.
8. Oral arguments may be presented only by members of the Bar of this Court. Attorneys who are not members of the Bar of this Court may make a motion to argue pro hac vice under the provisions of Rule 6.
## RULE VII - DISPOSITIONS OF CASES
### RULE 31 - JUDGMENT
1. The Court shall issue its judgment in a timely manner after the submission of a case or completion of oral argument.
2. The Court shall issue an opinion on the case submitted before it, in accordance with Rule 33, describing the following:
1. its findings;
2. its answers to the issues presented;
3. its conclusion and action.
3. If the Court has recently answered the questions to a similar case before it, the Court may dispose of the case in summary judgment.
1. The summary judgment must be in line with the precedent that the answered case provides.
4. Upon the Court’s issuing of judgment, the clerk shall issue a mandate to the lower court within four (4) days.
1. The mandate shall contain the following:
1. the order of the Court;
2. whether reversed or affirmed.
### RULE 32 - Dismissals
1. The Court may dismiss cases by its own motion, therefore removing them from the docket.
1. The Court shall indicate whether the matter is permanently dismissed, or require refiling.
2. The petitioner/appellant may inform the Clerk in writing that he or she wishes to withdraw an appeal from the docket.
3. Any Case in the following criteria will be automatically removed from the Docket by the Clerk, unless otherwise directed.
1. any Case where any party has not responded to the Clerk;
2. any Case where the petitioner/appellant has left the State.
### RULE 33 - Opinions of the Court
1. Opinions of the Court will be released by the Chief Justice immediately upon their announcement from the bench, or as the Court otherwise directs.
2. The Chief Justice will cause the opinions to be issued in slip form, and the Reporter of Decisions will prepare them for publication in the preliminary prints and bound volumes of the Mayflower Reports.
3. The Court may, at its discretion, withhold an opinion from publishing; therefore removing it from precedent.
### RULE 34 - Rehearing
1. Any petition for the rehearing of any judgment or decision of the Court on the merits shall be filed within 25 days after entry of the judgment or decision, unless the Court or a Justice shortens or extends the time. The petition shall state its grounds briefly and distinctly and shall be served as required by Rule 28.
1. The petition shall be presented together with certification of counsel (or of a party unrepresented by counsel) that it is presented in good faith and not for delay; one copy of the certificate shall bear the signature of counsel (or of a party unrepresented by counsel).
1. A copy of the certificate shall follow and be attached to each copy of the petition.
2. A petition for rehearing is not subject to oral argument and will not be granted except by a majority of the Court, at the instance of a Justice who concurred in the judgment or decision.
2. Any petition for the rehearing of an order denying a petition for a writ of certiorari shall be filed within 25 days after the date of the order of denial and shall comply with all the form and filing requirements of paragraph 1 of this Rule, but its grounds shall be limited to intervening circumstances of a substantial or controlling effect or to other substantial grounds not previously presented.
1. The time for filing a petition for the rehearing of an order denying a petition for a writ of certiorari or extraordinary writ will not be extended.
2. The petition shall be presented together with certification of counsel (or of a party unrepresented by counsel) that it is restricted to the grounds specified in this paragraph and that it is presented in good faith and not for delay; one copy of the certificate shall bear the signature of counsel (or of a party unrepresented by counsel).
1. The certificate shall be bound with each copy of the petition.
2. The Clerk will not file a petition without a certificate.
3. The petition is not subject to oral argument.
3. The Clerk will not file any response to a petition for rehearing unless the Court requests a response.
1. In the absence of extraordinary circumstances, the Court will not grant a petition for rehearing without first requesting a response.
4. The Clerk will not file consecutive petitions and petitions that are out of time under this Rule.
5. The Clerk will not file any brief for an amicus curiae in support of, or in opposition to, a petition for rehearing.
6. If the Clerk determines that a petition for rehearing submitted timely and in good faith is in a form that does not comply with this Rule, the Clerk will return it with a letter indicating the deficiency. A corrected petition for rehearing submitted no more than 15 days after the date of the Clerk’s letter will be deemed timely.
## PART VIII - JUDICIAL DISCIPLINE
### RULE 35 - Complaints Against Judges; How Sought
1. Any complaint against a Judge shall be addressed and filed with the Clerk.
2. The complaint shall contain all supporting evidence. Any evidence not submitted cannot be used.
3. The Clerk shall promptly transmit the complaint to the Court.
### RULE 36 - Disposition of a Complaint
1. After considering a complaint, the Court will enter an appropriate order.
2. If the Court decides that substantive grounds exist for the complaint, disciplinary proceedings shall commence according to Rule 37.
3. If the Court decides that no substantive grounds exist for the complaint, the matter shall not proceed. No employee of the Court shall disclose any information about the complaint except as provided by the Court or these Rules.
### RULE 37 - Disciplinary Proceedings
1. If the Court decides to commence disciplinary proceedings, the Clerk shall notify the Chief Judge of the district court and the subject of the complaint.
2. The subject of the complaint shall have five (5) days to submit a statement that shall, as a minimum, state whether the judge accused accepts or rejects the basis and facts outlined in the complaint. The judge is not required by this Court to submit a response against the complaint.
3. If the judge accepts the basis for the complaint, the Court may determine the consequences.
### RULE 38 - Hearing
1. After a statement has been filed or the time to file a statement has expired, the Court shall decide if a hearing shall be held. If the Court decides not to hold a hearing, then the Court may proceed to deciding the complaint.
2. If the Court decides to hold a hearing, the Chief Justice shall schedule a hearing as soon as practically possible.
3. The hearing shall not be open to the public. The parties may have counselors present.
### RULE 39 - Adjudication of Complaint
1. The Court, having considered all matter relevant, shall issue an order and release the opinion under Rule 32.
### RULE 40 - Suspension Pending Proceedings
1. If the Court deems it necessary, it may suspend a subject of a complaint until the complaint is resolved.
## PART IX - MISCELLANEOUS PROVISIONS
### RULE 41 - Frivolous Litigation
1. Any proceeding knowingly brought before the Court that has no basis in fact and which the law provides no remedy for shall be considered a frivolous proceeding.
2. The Court may direct the Clerk not to file any frivolous proceeding.
3. The definition in paragraph 1 of this Rule applies in relation to Rule 7.
### RULE 42 - Conviction Expungement
1. An individual may petition for the expungement of a conviction from an inferior court if that conviction was entered at least ninety (90) days prior.
2. The Clerk will supply a format for petitions.
3. The petitioning individual must be represented by an attorney of this Court in accordance with Rule 5.
4. Following filing, the petition must receive an affirmative vote by two Justices on the following conference to be placed on the docket.
5. If the petition is docketed, the Clerk will order briefs from the petitioning individual as to why their conviction should be expunged. If the petition is not docketed, the petition is discarded and the petitioner shall be prohibited from refiling for thirty days.
6. Individuals with interest in the expungement of the conviction may file an amicus curiae brief according to Rule 27.
7. The Court shall determine whether the matter needs to be set for oral argument. In such a case, a time will be ordered.
8. Following oral argument (if heard), the Court must consider whether to expunge the conviction or not. The expungement of a conviction requires a supermajority of all Justices concurring.
## PART X - SUBSIDIARY OFFICES
### RULE 43 - Office of the Public Defender
1. Those employed with and under the Chief Public Defender shall refuse any employment within the Department of Justice.
2. Those employed within the Office of the Public Defender must be licensed to practice law in the State of Mayflower.
3. Those employed within the Office of the Public Defender must first be approved by the Chief Public Defender.
4. The Chief Public Defender shall be approved with a majority vote by the Court assembled.

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title: Rules of the District Court
robots: noindex, nofollow
---

# Rules of the District Court
These rules shall be cited as Emer. D. Ct. #(#)
### RULE 1 - IN GENERAL
1. The Clerk of the District Court, the Chief Judge, or person otherwise responsible for the assignment of a case to a judge, shall ensure that the case gets assigned a case number. Case numbers shall be formatted as follows where the number symbols indicate a randomly generated number and “YY” indicates the last two numbers of the current year:
1. Criminal: CR-#####-YY
2. Civil: CV-#####-YY
3. Expungement: EX-#####-YY
4. Warrant Appeal: WA-#####-YY
5. Courts-Martial: CM-#####-YY
### RULE 2 - EFFECTIVE CRIMINAL SUBMISSIONS
1. Criminal submissions (those from the Department of Justice and Judge Advocate General’s Corps) must be promptly formatted by the Clerk of the District Court, the Chief Judge, or the person otherwise designated. The case number will be assigned as described in Rule 1 and the matter transferred to the appropriate charging agency for the filing of a criminal information.
2. Once the respective charging agency has made their criminal decision and gathered their evidence, the submission should be transferred back to the Clerk who will then assign it to a judge.
### RULE 3 - PRETRIAL PROCEDURE
1. A pretrial period in all civil matters (expungement excluded) shall be ordered immediately following the issuance of summons upon both parties. The judge shall commence pretrial for a period of ten days (10), or two-hundred and forty hours (240).
2. A pretrial period in all criminal matters shall commence upon the arrival of the Defendant’s counsel, whether they proceed *pro se*, attain private counsel or if the trial proceeds in absentia, the pretrial period should start upon the arrival of the Defendant’s Public Defender.
3. In all criminal matters, the Defendant has two (2) days to decide whether or not they wish to attain private counsel, proceed *pro se*, or have a Public Defender. The pretrial period shall commence after the two days have passed, unless it meets the exception granted under Rule 3.4.
4. If a Defendant opts for a Public Defender, pretrial shall not start until a Public Defender has been appointed.
5. The pretrial period may end before the ordered ten days (10) if both parties to a matter agree to forgo the remainder of the ordered pretrial period.
6. The pretrial period may be extended if at least one of the parties, and the Presiding Judge, agree to extend it.
7. The pretrial period may be extended by a *maximum* of ten days (10), or two-hundred and forty hours (240). Lesser extensions may proceed, however, cumulatively the extensions *cannot* surpass the ten-day (10), or two-hundred and forty hour (240) total.
8. An individual may file a pretrial motion up until forty-eight (48) hours before the end of the pretrial period.
9. A party may only respond once to a pretrial motion if they wish to respond at all. That response must be filed within forty-eight (48) hours of the motion being made.
10. A judge may not permit the filing of any motion or response that has is made outside of the pretrial period.
11. At the end of the pretrial period, the judge shall enter an order to all pretrial motions that have not already been decided. The judge is otherwise able to enter an order immediately after a motion is made and both parties respond or decline to respond.
12. The judge, immediately following the pretrial period, shall entertain all reasonable efforts to ensure that the case moves to trial.

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title: Rules of Criminal Procedure
robots: noindex, nofollow
---

# Rules of Criminal Procedure
These Rules should be cited as the Emer. R. Crim. P. #(#)(Letter/Number). For example, Emer. R. Crim. P. 1(1)(1) would properly cite the first clause of the first subsection under Rule 1.
### RULE 1 - ARREST AND SEARCH WARRANTS
1. **APPLICATION FOR ARREST AND SEARCH WARRANT**
1. Law enforcement officers may submit an application for arrest or search warrants in accordance with the constitution, law, court and department rules. Arrest warrants may only be applied for during cases in which exigent circumstances exist and the person has left the immediate presence of law enforcement officers [LTAA] who have probable cause.
2. Judges may order a law enforcement officer to detain and bring before him any criminal defendant who fails to appear to proceedings [in discord], and release him once he appears to the proceedings.
3. Search and Seizure warrants shall only be issued upon valid application of probable cause, and that the scope of such searches shall be limited to the probable cause that the item be within such particularized scope.
2. **EXECUTION OF;**
1. Upon the completion of any arrest or search warrants, law enforcement officers shall provide notice to the issuing judge within a reasonable period.
### RULE 2 - INFORMATION AND SERVICE
1. **"INFORMATION"** - An "Information" is a written statement filed and presented in behalf of the State by the state or county attorney, charging the defendant with an offense which may by law be so prosecuted.
2. **REQUISITES OF AN INFORMATION** - An information is sufficient if it has the following requisites:
1. It shall commence "In the name and by authority of the State of Mayflower" or "In the name and by authority of the People of New Haven County" if prosecuted by a state or county attorney respectively.
2. That it appear to have been presented by the proper officer;
3. That it contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him;
4. That the time mentioned be some date anterior to the filing of the information, and that the offense does not appear to be barred by limitation;
5. That the offense be set forth in plain and intelligible words;
6. Each offense must be typed and displayed in its own count followed by a description of the offense. No information entered into the court record shall contain surplusage.
7. Each count of offense shall have the type listed (misdemeanor or felony) and the dates of occurrence.
8. It must be signed by the state or county attorney, officially.
3. **INFORMATION BASED UPON COMPLAINT** - No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense. The affidavit shall be filed with the information. It may be sworn to before the state or county attorneys who, for that purpose, shall have power to administer the oath, or it may be made before any officer authorized by law to administer oaths. No judge nor clerk shall summon a defendant until probable cause is met. Should a judge determine that probable cause exist to summon the defendant, a summons should be issued commanding their presence.
4. **IN FELONY** - In every case of felony, the clerk of the court where an information has been presented, and probable cause has been established, shall deliver such copy to a Sheriff's Deputy, together with a writ directed to such Deputy, commanding him forthwith to deliver such certified copy to the accused.
5. **IN MISDEMEANOR** - In misdemeanors, the clerk shall deliver a copy of the information to the accused or the accused's counsel at the earliest possible time before trial.
6. **APPEAL BASED ON CONTENTS OF COMPLAINT** - No conviction shall be overturned by an appellate court based off the contents of an information if the defendant did not first file a motion to set aside an information due to its lack thereof or errs.
### RULE 3 - SUBPOENA AND ATTACHMENT
1. **ISSUANCE OF SUBPOENAS**
1. A subpoena may summon one or more persons to appear:
1. before a court to testify in a criminal action at a specified term of the court or on a specified day; or
2. on a specified day:
1. before an examining court; or
2. in any other proceeding in which the person's testimony may be required in accordance with this code.
2. The person named in the subpoena to summon the person whose appearance is sought must be:
1. a peace officer; or
2. an individual, at the time the subpoena is issued, not a participant in the proceeding for which the appearance is sought.
3. A person who is not a peace officer may not be compelled to accept the duty to execute a subpoena, but if he agrees in writing to accept that duty and neglects or refuses to serve or return the subpoena, he may be punished with contempt of court.
4. A court or clerk issuing a subpoena shall sign the subpoena and indicate on it the date it was issued, but the subpoena need not be under seal.
5. The court may order a witness to produce any document, video, data, or their own person to render testimony upon motion of a party concern in the proceedings or sua sponte.
6. All subpoenas issued must be issued sixteen (16) hours in advance of appearance.
2. **SUBPOENA DUCES TECUM** - If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court.
### RULE 4 - ARRAIGNMENT
1. **ARRAIGNMENT** - In all felony cases, and all misdemeanor cases punishable by imprisonment, there shall be an arraignment.
2. **WAIVER OF ARRAIGNMENT** - An attorney representing a defendant may present a waiver of arraignment, and the clerk of the court may not require the presence of the defendant as a condition of accepting the waiver.
3. **PURPOSE OF ARRAIGNMENT** - An arraignment takes place for the purpose of fixing his identity and hearing his plea.
4. **PLEA OF NOT GUILTY ENTERED** - If the defendant answers that he is not guilty, such plea shall be entered upon the minutes of the court; if he refuses to answer, the plea of not guilty shall in like manner be entered. A plea of not guilty shall be automatically entered on the defendant's behalf forty-eight hours after their summons.
5. **PLEA OF GUILTY**
1. Prior to accepting a plea of guilty or a plea of nolo contendere, the court shall admonish the defendant of:
1. the range of the punishment attached to the offense;
2. the fact that the recommendation of the prosecuting attorney as to punishment is not binding on the court. Provided that the court shall inquire as to the existence of a plea bargain agreement between the government and the defendant and, if an agreement exists, the court shall inform the defendant whether it will follow or reject the agreement in open court and before any finding on the plea. Should the court reject the agreement, the defendant shall be permitted to withdraw the defendant's plea of guilty or nolo contendere;
3. the fact that if the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and the defendant's attorney, the trial court must give its permission to the defendant before the defendant may prosecute an appeal on any matter in the case except for those matters raised by written motions filed prior to trial.
2. No plea of guilty or plea of nolo contendere shall be accepted by the court unless it appears that the defendant is mentally competent and the plea is free and voluntary.
3. In admonishing the defendant as herein provided, substantial compliance by the court is sufficient, unless the defendant affirmatively shows that he was not aware of the consequences of his plea and that he was misled or harmed by the admonishment of the court.
4. The court may make the admonitions required by this article either orally or in writing. If the court makes the admonitions in writing, it must receive a statement signed by the defendant and the defendant's attorney that the defendant understands the admonitions and is aware of the consequences of the plea. If the defendant is unable or refuses to sign the statement, the court shall make the admonitions orally.
5. The court shall make the admonition both orally and in writing. The court must receive a statement, written or orally, signed or stated orally by the defendant and the defendant's attorney that the defendant understands the admonition and is aware of the consequences of the plea. If the defendant is unable or refuses to sign the statement, the court shall make a record of that fact.
### RULE 5 - PLEADING IN CRIMINAL ACTIONS
1. **DEFENDANT'S PLEADINGS** - The pleadings and motions of the defendant shall be:
1. A motion to set aside an information for some matter of form or substance;
2. A plea of guilty;
3. A plea of not guilty;
4. A plea of nolo contendere, the legal effect of which shall be the same as that of a plea of guilty, except that such plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based;
5. Any other motions or pleadings that are by law permitted to be filed.
2. **DEFENDANT'S SPECIAL PLEA** - A defendant's only special plea is that he has already been prosecuted for the same or a different offense arising out of the same criminal episode that was or should have been consolidated into one trial, and that the former prosecution:
1. resulted in acquittal;
2. resulted in conviction;
3. was improperly terminated; or
4. was terminated by a final order or judgment for the defendant that has not been reversed, set aside, or vacated and that necessarily required a determination inconsistent with a fact that must be established to secure conviction in the subsequent prosecution.
### RULE 6 - MOTIONS
1. **PRE-TRIAL** - The court may set any criminal case for a pre-trial hearing before it is set for trial upon its merits, and direct the defendant and his attorney, if any of record, and the government's attorney, to appear before the court at the time and place stated in the court's order for a conference and hearing. The defendant must be present at the arraignment, and his presence is required during any pre-trial proceeding. The pre-trial hearing shall be to determine any of the following matters:
1. Arraignment of the defendant, if such be necessary; and appointment of counsel to represent the defendant, if such be necessary;
2. Pleadings of the defendant;
3. Special pleas, if any;
4. Exceptions to the form or substance of the indictment or information;
5. Motions ofr continuance either by the government or defendant; provided that grounds for continuance not existing or not known at the time may be presented and considered at any time before the defendant announces ready for trial;
6. Motions to suppress evidence--When a hearing on the motion to suppress evidence is granted, the court may determine the merits of said motion on the motions themselves, or upon opposing affidavits, or upon oral testimony, subject to the discretion of the court;
7. Discovery; and
8. Entrapment.
2. **QUASHING CHARGE** - If the motion to set aside or the exception to an information is sustained, the defendant in a misdemeanor or felony case shall be discharged, but may be again prosecuted within the time allowed by law, and proceedings may afterward be had against him as if no prosecution had ever been commenced.
3. **SHALL BE FULLY DISCHARGED, WHEN** - Where, after the motion or exception is sustained, it is made known to the court by sufficient testimony that the offense of which the defendant is accused will be barred by limitation before another information can be presented, he shall be fully discharged.
4. **DISCHARGE FOR DELAY** - If a motion to set aside an information, or complaint for failure to provide a speedy trial is sustained, the court shall discharge the defendant. A discharge under this article is a bar to any further prosecution for the offense discharged and for any other offense arising out of the same transaction, other than an offense of a higher grade that the attorney representing the government and prosecuting the offense that was discharged does not have the primary duty to prosecute.
5. **AMENDMENT OF INDICTMENT OR INFORMATION**
1. After notice to the defendant, a matter of form or substance in an information may be amended at any time before the date the trial on the merits commences.
2. A matter of form or substance in an indictment or information may also be amended after the trial on the merits commences if the defendant does not object.
3. An indictment or information may not be amended over the defendant's objection as to form or substance if the amended information charges the defendant with an additional or different offense or if the substantial rights of the defendant are prejudiced.
6. **HOW AMENDED** - All amendments of an information shall be made with the leave of the court and under its direction.
7. **FORMER ACQUITTAL OR CONVICTION** - A former judgment of acquittal or conviction in a court shall be a bar to any further prosecution for the same offense, but shall not bar a prosecution for any higher grade of offense over which said court had not jurisdiction, unless such judgment was had upon information, in which case the prosecution shall be barred for all grades of the offense.
### RULE 7 - DISQUALIFICATION OF JUDGE
1. **CAUSES WHICH DISQUALIFY** - No judge shall sit in any case where he may be the party injured, or where he has been of counsel for the State or the accused, or where the accused or the party injured may be connected with him by consanguinity or affinity within the third degree.
### RULE 8 - DISMISSING PROSECUTIONS
1. **DISMISSAL BY THE GOVERNMENT** - The attorney representing the government may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the papers in the case setting out his reasons for such dismissal, which shall be incorporated in the judgment of dismissal. No case shall be dismissed without the consent of the presiding judge.
### RULE 9 - SPEEDY TRIAL
1. **TRIAL PRIORITIES** - Insofar as is practicable, the trial of a criminal action shall be given preference over trials of civil cases.
2. **SPEEDY TRIAL RIGHTS**
1. Upon there being a dispute of a speedy trial, the court shall consider the length of the delay, the reason for the delay, the time and manner in which a defendant asserted their rights; and the degree of prejudice to which the delay has caused.
2. No appellate court shall overturn a case on measure of a delay that is caused solely by the court itself.
3. No appellate court shall overturn a case without the defendant first asserting his rights to speedy trial in a timely manner.
### RULE 10 - MODE OF TRIAL
1. **PRESENCE OF DEFENDANT** - In all prosecutions for felonies, the defendant must be personally present at the trial, and he must likewise be present in all cases of misdemeanor when the punishment or any part thereof is imprisonment in jail; provided, however, that in all cases, when the defendant voluntarily absents himself after pleading to the information, the trial may proceed to its conclusion. If the defendant did not respond to the summons, the trial may likewise proceed to conclusion after forty-eight hours of their summons. When the record in the appellate court shows that the defendant was present at the commencement, or any portion of the trial, it shall be presumed in the absence of all evidence in the record to the contrary that he was present during the whole trial. Provided, however, that the presence of the defendant shall not be required at the hearing on the motion for new trial in any misdemeanor case.
2. **MAY APPEAR BY COUNSEL** - In other misdemeanor cases, the defendant may, by consent of the government's attorney, appear by counsel, and the trial may proceed without his personal presence.
3. **TO FIX DAY FOR CRIMINAL DOCKET** - The district courts shall have control of their respective dockets as to the settings of criminal cases.
### RULE 11 - JUDGMENT AND SENTENCE
1. **JUDGMENT** - A judgment is the written declaration of the court signed by the trial judge and entered of record showing the conviction or acquittal of the defendant. The sentence served shall be based on the information contained in the judgment. The judgment shall reflect:
1. The title and number of the case;
2. That the case was called and the parties appeared, naming the attorney for the government, the defendant, and the attorney for the defendant, or, where a defendant is not represented by counsel, that the defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel;
3. The plea or pleas of the defendant to the offense charged;
4. The submission of the evidence, if any;
5. The verdicts or findings of the court;
6. In the event of a conviction that the defendant is adjudged guilty of the offense as found by the verdict of the jury or the finding of the court, and that the defendant be punished in accordance with the court's finding as to the proper punishment;
7. In the event of acquittal that the defendant be discharged;
8. The offense or offenses for which the defendant was convicted;
9. The date of the offense or offenses and degree of offense for which the defendant was convicted;
10. The term of sentence;
11. The date judgment is entered;
12. The date sentence is imposed;
13. The date sentence is to commence and any credit for time served;
14. The terms of any order that the defendant's sentence is to run cumulatively or concurrently with another sentence or sentences;
15. The terms of any plea bargain;
16. Affirmative findings entered;
17. In the event that the court orders restitution to be paid to the victim, a statement of the amount of restitution ordered.
2. The judge may order the prosecuting attorney, or the attorney or attorneys representing any defendant, or the court clerk under the supervision of an attorney, to prepare the judgment, or the court may prepare the same.
3. The provisions of this rule shall apply to both felony and misdemeanor cases.
4. In addition to the information described by Section 1 of this article, the judgment should reflect affirmative findings entered pursuant to these rules.
### RULE 12 - APPEAL AND WRIT OF ERROR
1. **APPEAL BY GOVERNMENT**
1. The government is entitled to appeal an order of a court in a criminal case if the order:
1. dismisses an indictment, information, or complaint or any portion of an indictment, information, or complaint;
2. arrests or modifies a judgment;
3. grants a new trial;
4. sustains a claim of former jeopardy;
5. grants a motion to suppress evidence, a confession, or an admission, if jeopardy has not attached in the case and if the prosecuting attorney certifies to the trial court that the appeal is not taken for the purpose of delay and that the evidence, confession, or admission is of substantial importance in the case
2. The government is entitled to appeal a sentence in a case on the ground that the sentence is illegal.
3. The government is entitled to appeal a ruling on a question of law if the defendant is convicted in the case and appeals the judgment.
4. The government is entitled to a stay in the proceedings pending the disposition of an appeal.
2. **DEFENDANT MAY APPEAL** - A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed, provided, however, before the defendant who has been convicted upon either his plea of guilty or plea of nolo contendere before the court and the court, upon the election of the defendant, assesses punishment and the punishment does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and his attorney may prosecute his appeal, he must have permission of the trial court, except on those matters which have been raised by written motion filed prior to trial.
3. **WRIT OF ERROR** - The defendant may also have any such judgment as is mentioned, and which may have been rendered in courts, reviewed upon writ of error.
### RULE 13 - GENERAL PROVISIONS
1. **PROCEDURE OF TRIAL**
1. Unless specifically amended, the following trial procedure shall be utilized:
1. Opening statements by prosecution and defendant, respectively.
2. Presentation of evidence by prosecution.
3. Defendant’s cross-examination of evidence presented by prosecution.
4. Prosecution’s re-examination, if allowed.
5. Presentation of evidence by defendant.
6. Prosecution’s cross-examination of evidence presented by defendant.
7. Defendant’s re-examination, if allowed.
8. Closing statements by prosecution and defendant, respectively.
9. Rendering of findings and judgement, if applicable.
2. **COURT APPOINTED COUNSEL**
1. Those who are unable to procure suitable, dedicated counsel possess the right to be represented by court-appointed counsel, whether that appointed counsel be of the Public Defender’s Office or any other actively practicing attorney.
2. It shall be the duty of the presiding judge to ascertain whether the defendant does or does not have adequate counsel. If a defendant does not have counsel, the judge’s office or clerk of court (or his deputies) shall inform the Public Defender’s Office.
3. The defendant, in a competent mindset, may waive his right to court-appointed counsel.
4. Upon the defendant’s motion to the court, he may represent himself. If such representation is allowed, the judge of the matter should inform the defendant of procedures throughout the entire proceeding.

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title: Rules of Civil Procedure
robots: noindex, nofollow
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# Rules of Civil Procedure
These Rules should be cited as the Emer. R. Civ. P. #(#)(Letter). For example, Emer. R. Civ. P. 1(1)(a) would properly cite the first clause of the complaint submitted subsection of Rule 1.
### RULE 1 - COMPLAINT FILING; HOW SO ANSWERED
1. **Complaint Submitted**
(a) Any civil action submitted shall be filed in compliance with Rules enumerated within this Title.
2. **Complaint Vetting; Requirements**
(a) The procedure of submitting such complaint shall be done within a terminal established and maintained by the chief judge, or his designee, of who shall be the custodian. For all complaints submitted, the custodian shall possess the due authority to review complaints for initial validity. Validity of complaints shall include:
1. Name of court; and,
2. Name of plaintiff(s); and,
3. Name of defendant(s); and,
4. Allegation(s); and,
5. Location(s) and date(s) of alleged offense(s);
6. Relief sought of each or all allegations.
3. **Successful Complaint Filed**
(a) Successfully submitted and vetted complaints, as so determined by the custodian, shall then be transferred to the court. This process shall officiate the filing of said civil complaint. Thus, service of all parties involved shall be required.
4. **Defendant’s Answer to Complaint**
(a) The defendant(s) in civil actions shall respond to complaints within four (4) days of being properly served. Responses shall include answers to each individual allegation and affirmative defenses (if applicable).
### RULE 2 - SUPPLEMENTAL AND AMENDED PLEADINGS, ALLOWED OR DISALLOWED
1. **Supplemental and Amended Pleadings**
(a) The court, specifically the presiding judge of a matter, may additionally admit, require, or deny any supplemental or amended pleadings filed by parties. In which supplemental or amended pleadings are allowed, pleadings of which may be observed are:
1. Complaints, including additional and amended; and,
2. Answers to complaints or claims, including additional and amended; and,
3. Counterclaims, including additional and amended; and,
4. Cross-claims, including additional and amended; and,
5. Replies to any complaints or claims; and,
6. Other pleadings as allowed by the court.
2. **Denial of Pleadings**
(a) The court, by order or on motion of either party, may deny the introduction of any supplementary or amended pleadings.
### RULE 3 - TYPES OF MOTIONS OBSERVED; HEARINGS REQUIRED OR REQUESTED
1. **Types of Motions Observed**
(a) In civil matters, the court may allow for particular motions to be filed, of which apply to the case at hand. Motions observed by this Title are:
1. Motion to dismiss; and,
2. Motion for discovery; and,
3. Motion to compel; and,
4. Motion for summary judgment; and,
5. Motion for directed verdict; and,
6. Other motions as allowed by the court.
2. **Hearings Required**
(a) Hearings of pending matters before the court may be scheduled in accordance with a presiding judge’s schedule. Parties may motion for continuances of such hearings. Matters requiring a hearing are;
1. Motion to compel; and
2. Motion for directed verdict; and,
3. Other matters as directed by the court.
3. **Hearings Requested**
(a) Notwithstanding any Title, or subsection of any Title, nothing shall preclude any party requesting hearings of any other motions. The need for mandatory appearance, of approved requests for hearings, shall be determined by the court.
### RULE 4 - DISCLOSURES AND DISCOVERIES
1. **Initial Disclosure**
(a) Initially, without motion for discovery or order by a court, a party shall disclose information regarding the following:
1. Initial documents, photographs, videos, and other media constituting submission of a complaint; and,
2. Computations of any monetary damages to property, spent monies to replace property, lost monies due to acts of any other parties, and/or any other substantial damage(s).
2. **Discovery Before Trial**
(a) Nothing within this Title shall preclude a party’s ability to motion for discovery. Motions for discovery, however, must be submitted, complied with before trial proceedings.
### RULE 5 - CIVIL MATTER TYPES; REQUIREMENTS
1. **Types of Civil Matters**
(a) There shall be three types of civil proceedings. Each civil case submitted to the custodian shall be labeled as one of the following:
1. Tortious claims; or,
2. Breach of contract claims,
3. Equitable claims,
4. Class action claims,
5. Small claims or,
6. Expungements.
2. **Requirements of Submission**
(a) There shall be requirements for the submittal of each proceeding. These requirements shall be promulgated by the chief judge and enforced by himself or his designee:
1. General civil; matters that seek relief of monetary damages greater than or equal to five-hundred dollars (>=$500) relating to Rule 5(1)(a) 1-4; and,
2. Small claims; matters that seek relief of monetary damages less than fivehundred dollars (<$500); and,
3. Expungements; matters in which a petitioner seeks expungement of records.
3. **Certain Rules Applicable**
(a) The following rules shall be the only rules applicable to small claims and expungement matters: Rules 1, 8 and 9.
4. **Out-of-Court Settlements**
(a) The court shall observe, and may recommend, out-of-court settlements. Settlements must be made in accordance with applicable state law.
### RULE 6 - EX PARTE COMMUNICATIONS DURING ON-GOING MATTERS
1. **Prohibition of Ex Parte Communications**
(a) Upon a successful complaint being filed—as outlined in Rule 1(3)—no ex parte communications shall be knowing made by any party or any attorney for a party concerning a matter pending before the court.
2. **Exemptions**
(a) This prohibition shall not extend to emergencies requiring immediate attention or communications between parties individually or with clerks of court.
### RULE 7 - THIRD PARTY INTERACTIONS IN MATTERS
1. **Third Party Interactions**
(a) The court, upon motion or sua sponte, may require a third party to an on-going matter to appear and render testimonies, documents, or written statements.
### RULE 8 - SERVICE OF PROCESS
1. **Duty of Plaintiff in Civil Proceedings**
(a) It shall be the duty of the plaintiff, or their counsel in civil matters to properly serve the opposing party via Roblox private messaging or Discord. Servicing shall involve the presentation of plaintiff’s claims against the opposing party via civil complaint. Upon serving the opposing party, the plaintiff shall inform the clerk of court of such.
2. **Servicing Not Possible**
(a) In the event that all arrangements to service an opposing party properly have been exhausted, the plaintiff shall inform the clerk of such.
3. **Duty of Opposing Party When Served**
(a) See Rule 1(4).
### RULE 9 - FORMATTING OF SUBMITTED DOCUMENTS
1. **Document Size and Margins**
(a) Submitted documents shall be on legal sized paper (8.5" x 14") with one-inch (1") margins on each side.
2. **Authorized Fonts**
(a) Documents submitted shall only be submitted in fonts that are clean, consistent and professional (e.g., Arial, Century Schoolbook, Georgia, Times New Roman).
3. **Type of Document Submitted**
(a) Observing any current rule enacted, documents used in any and all court processes shall be in PDF format only and hosted not on the Google Drive platform.
### RULE 10 - TRIAL PROCEDURE; SUMMONSES
1. **Procedure to be Utilized**
(a) Unless specifically amended, the following trial procedure shall be utilized:
1. Opening statements by plaintiff and defendant, respectively.
2. Presentation of evidence by plaintiff.
3. Defendant’s cross-examination of evidence presented by plaintiff.
4. Plaintiff’s re-examination, if allowed.
5. Presentation of evidence by defendant.
6. Plaintiff’s cross-examination of evidence presented by defendant.
7. Defendant’s re-examination, if allowed.
8. Closing statements by plaintiff and defendant, respectively.
9. Rendering of verdict, if applicable.
2. **Procedure may be amended**
(a) Nothing in this rule shall preclude the amendment, by a judge, to specifically conform to appropriate situations.
3. **Extent of Summons**
(a) The court, by motion or sua sponte, may summon any document or person who is:
1. Related to the matter; or,
2. In possession of certain documents.
4. **Schedule of Issuance**
(a) Summons shall be issued sixteen (16) hours, or greater, before initial appearance.
### RULE 11 - RENDERING OF VERDICT; HOW EXECUTED
1. **Where Rendered**
(a) All verdicts and judgments shall be rendered in a forum available to the general public.
2. **Contents of Verdicts**
(a) Verdicts and judgments shall include all pertinent information needed to successfully convey the court’s decision, of which may be determined by the judge.

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title: Rules of Evidence
robots: noindex, nofollow
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# Rules of Evidence
These Rules should be cited as the Emer. R. Ev. #(#)(Letter). For example, Emer. R. Ev. 1(1)(a) would properly cite the first clause of the admissible evidence subsection of Rule 1.
### RULE 1 - EVIDENCE; HOW SO RULED UPON
1. **Admissible Evidence**
(a) Evidence to be used in trial shall only be entered observing the rights of the accused.
2. **Objections to Evidence**
(a) Parties shall only object to the submission of evidence by motion.
### RULE 2 - COURT'S DUTY TO DECIDE ON PRELIMINARY QUESTIONS
1. **In General**
(a) It shall be the duty of the court to decide any preliminary questions on evidence regarding the qualifications of a witness, whether privilege exists, or if evidence is admissible.
2. **If Evidence Depends on Fact**
(a) If, at face value, the relevance of evidence depends on facts to be presented, the court may admit such, pending presentation of fact.
3. **Cross-Examining a Defendant in a Criminal Case**
(a) By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.
4. **Evidence Relevant to Weight and Credibility**
(a) This rule does not limit a party’s right to introduce before the judge evidence that is relevant to weight or credibility of other evidence.
### RULE 3 - EXCLUSION OF EVIDENCE
1. **Cause of the Exclusion of Evidence**
(a) The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing issues, undue delay, needlessly presenting cumulative evidence.
### RULE 4 - RELEVANCE OF EVIDENCE; HOW SO DETERMINED
1. **Relevance of Evidence**
(a) Evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is a consequence in deciding the actions.
### RULE 5 - MATTERS REGARDING PRIVILEGE
1. **In General**
(a) Privilege shall exist when special, personal information exists between two or more persons in a professional capacity (including accountant-client, attorney-client, state secrets, et cetera).
2. **Attorney-Client Privilege**
(a) Discussion and communications, including electronic, shall not be subject to disclosure where an attorney-client relationship exists.
### RULE 6 - MOTIONS AND ORDERS REGARDING SUBPOENAS
1. **In General**
(a) The court may order a witness to produce any document, video, data, or their own person to render testimony upon motion of a party concern in the proceedings or sua sponte.
3. **Timeframe of Issuance**
(a)All subpoenas issued must be issued sixteen (16) hours in advance of appearance.
### RULE 7 - COMPETENCY OF WITNESSES; OTHER PROVISIONS
1. **In General; Oath Required**
(a) Every witness summoned to testify on their knowledge of events shall be qualified. All witnesses shall be required to be under oath during their testimony.
2. **Personal Knowledge of Witness**
(a) A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
3. **Exemption**
(a) Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under this Rule.
4. **Qualified Expert Witness**
(a) Expert witnesses may testify only after expressing their qualifications to the court.
5. **Opinion Allowed by Lay Witness**
(a) A lay witness may give his limited opinion on events only in the following capacities:
1. if it is his perception;
2. clarity of testimony; or
3. not based on scientific, technical or another specialized knowledge
6. **Opinion Allowed by Expert Witness**
(a) An expert witness may testify in a form of opinion withstanding the following provisions:
1. his scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact of issue;
2. the testimony is based on sufficient facts and data;
3. the testimony is the product of reliable principles and methods; or
4. the expert has reliably applied the principles and methods to the facts of the case.
7. **Exclusion of Witnesses; Prejudicial Disclosure**
(a) At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize excluding:
1. A party who is a natural person; or,
2. An officer or employee of a party that is not a natural person, after being designated as the party’s representative by its attorney; or,
3. Person(s) whose presence a party shows to be essential to presenting the party’s claim or defense; or,
4. Person(s) authorized by the state to be present.
### RULE 8 - UTILIZATION OF AFFIDAVITS
1. **In General**
(a) The use and introduction of any affidavit shall be eligible to be used in any civil or criminal action in accordance applicable law and constitutional provisions.
### RULE 9 - HEARSAY PROHIBITED; EXCEPTIONS TO HEARSAY
1. **In General**
(a) “Hearsay” means a statement that:
1. The declarant does not make while testifying at the current trial or hearing; and
2. A party offers in evidence to prove the truth of the matter asserted in the statement.
2. **Exceptions to Hearsay**
(a) Hearsay may be accepted if it conforms to the provisions contained within this subsection and if it is:
1. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
2. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
3. A record that:
1. is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately;
2. was made or adopted by the witness when the matter was fresh in the witness’s memory; or
3. accurately reflects the witness’s knowledge.
3. **Exceptions Made**
(a) If admitted, the record may be read into evidence but may be received as an exhibit only if offered by an adverse party.
### RULE 10 - DECLARANT IN HEARSAY INQUIRIES
1. **In General**
(a) The declarant, otherwise the person who made the hearsay statement(s) in question may be summoned to testify on such.
2. **Prior Statements not Considered Hearsay**
(a) A statement that meets the following conditions is not hearsay. The declarant testifies and is subject to cross-examination about a prior statement, and the statement:
1. Is inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
2. Is consistent with the declarant’s testimony and is offered:
1. to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence to influence or motive in so testifying;
2. to rehabilitate the declarant’s credibility as a witness when attacked on another ground; or
3. identifies a person as someone the declarant perceived earlier.
### RULE 11 - AUTHENTICATION REQUIRED
1. **In General**
(a) All documents, data, records, videos, photographs or other recordings to be used by any party must be authenticated, such that they are proven to be genuine in its content. Unauthenticated material may not be used.
2. **Self-Authenticating Material**
(a) Self-authenticating material shall be certified records, files, recordings or documents created and maintained by state or local political subdivisions that are of public interest. Also, self-authenticating material shall include publications, newspapers and periodicals.
### RULE 12 - BURDEN/STANDARD OF PROOF
1. **Burden/Standard of Proof in Civil Matters**
(a) The burden of proof shall be on the plaintiff. The plaintiff shall prove by a “preponderance of evidence” that the defendant is liable.
2. **Exemption in Expungements**
(a) This rule is exempt in expungement matters.
3. **Burden/Standard of Proof in Criminal Matters**
(a) The burden of proof shall be on the prosecution. The prosecution shall prove “beyond a reasonable doubt” that the defendant is guilty.