Courts Procedure

Courts Procedure === Delaware Courts Procedure --- The Delaware Courts have adopted the following procedures to establish a due process needed from the constitution to meet the needs of the roleplay community. If approved all people shall be notified of the new court procedures and it will be ordered that all cases after the fact of this passing shall abide by all procedural policies. **I:** COMMENCING OF A CASE --- A case will begin when a civil or criminal complaint is filed using the case submissions form and will be reviewed by a judge and clerk. A case will also begin upon the arrest of an individual and will be prosecuted by the attorney general's office. ***Criminal Cases*** Those who are in a criminal case by criminal complaint or arrest will be reviewed by the attorney general’s office and the attorney will be able to alter any charges at least once and subsequent alterations must be filed under motion. ***Civil Cases*** Anyone in a civil case is being filed by a private attorney or themselves. **II:** SERVICE OF PAPERS WHEN APPLICABLE --- The marshal of the respective court will deliver any complaints made by non-arrest to the individual through the Discord platform regarding the charge/allegations. **III:** DISCOVERY PERIOD --- When a case is filed the parties are given 48-72 hours of discovery time regarding evidence where the plaintiff is required to provide all evidence to the defendant being used in trial. The defendant is required to present all evidence being used in trial. **IV:** MOTIONS --- Any motions being submitted to the court must be done before the trial or done in the trial. Other excluded motions may be submitted after a trial within 5 days then the motions will no longer be accepted **V:** SCHEDULING & TRIAL PROCESS --- The parties must submit when asked at times to the clerk of the court then on the day of the trial show up at the assigned judges courtroom. The trial shall go as follows: 1. Opening Arguments 2. Evidence or Witnesses * Evidence — shall hold recess to review then any arguments necessary on the evidence. * Witnesses — * Direct Examination * Cross Examination * *If allowed*, another direct re-examination 3. Closing Arguments 4. *Under discretion*, verdict **VI:** VERDICT WAYS --- The judge can issue a verdict to a case in a couple ways which could be done after the trial or during the trial. A judge can issue a verdict during the trial after closing arguments. After trial verdicts can be rendered through an opinion document. **VII:** APPEALS --- Any party in a case who wishes to file an appeal must submit the appeal to the clerk of the supreme court. The document must include the questions regarding the appeal and the verdict of the lower court. Once submitted the parties must submit briefs to the clerk of the supreme court which include the case facts and the argument or counter-argument to the appeal questions. The court will decide to hear the appeal or rule in favor with the lower court. If the case is heard by the supreme court will use the following hearing process. 1. Appellant * Their Argument * Justices may ask questions during the arguments 2. Appellee * Their argument * Justices may ask questoins during the arguments After the hearing the justices will vote and issue an opinion after the hearing. **VIII:** CASE FILING NUMBERS, WHEN GIVEN --- To get a case number you contact the clerk of the court that your case is going to. The case number is formatted as follows. CSD#-## are supreme court cases. SDC#-## are district court cases. :::success **#**-##: bolded is the case type ::: :::success #-**##**: bolded is case number ::: **IX:** OTHER --- If further questions, comments, or concerns regarding the courts ask a bar certified person ⇒ court clerk ⇒ judge. Judicial Procedure === Delaware Judicial Procedure --- The Delaware Courts shall establish the following book to be the procedures of all judges or officer’s of the court. Should this be violated a notice of suspension shall be sent and the judge shall halt all judicial operations until a completed investigation be sent. **I:** INVESTIGATION INTO PROCEDURAL VIOLATIONS --- If a judge or officer of the court is to violate any procedure set forth in the following booklet the investigation shall be conducted by the attorney general’s office and verified by the supreme court. Alternatively, the state legislature can open an investigation in their judiciary committee who can investigate and file a report to the supreme court who shall verify the report. Should a report be verified as true the judge shall be reprimanded by decision of the supreme court. The reprimandation shall not be excessive in minor procedure violations. The reprimandation shall not be minor in major procedure violations. **II:** JUDICIAL PROCEDURE DEFINITION OF “OFFICER OF THE COURT” --- Any officer of the court shall be one of the following positions: 1. Bailiffs 2. Marshal of the Court 3. Clerks 4. Judges **III:** JUDICIAL CONDUCT FOR JUDGES --- 1. No judge shall engage in practice of law in a case they are presiding over. 2. No judge shall be disrespectful to anyone in the court or parties in a case. 3. Any judge shall uphold the law and not personal interests for the outcome. 4. No judge shall speak about a case before the case has been determined. 5. No judge shall allow or engage in ex-parte communications. 6. A judge should always recuse themselves from cases of personal bias, was present at the scene as a different character, or otherwise will have the ability of changing the outcome before the trial. **IV:** JUDICIAL CONDUCT FOR OFFICERS OF THE COURT --- 1. Any officer of the court is to treat anyone with respect. 2. Any officer of the court must uphold the confidentiality of any files received to them. 3. Any officer of the court must fulfill their duties without personal interest. **V:** JUDGES CASE LOCATION --- No case in the State of Delaware shall be held outside the respective courtroom even during times of war. The courtroom shall be the place of any trial, hearing, or case that should be on a judge’s docket. No member of the court shall preside over a case that is not at the respective courtroom. **VI:** JUDGES RULINGS --- Should a judge give an order, ruling, or judgment in any matter, it must be done so whilst addressing all reasoning for the ruling. **VII:** HOW TO ISSUE WARRANTS --- Should a judge receive a warrant that has enough evidence to prove the allegations as true and correct they shall issue a warrant using the template given by the courts. **VIII:** HOW TO WRITE ORDERS --- Should a judge write an order it should be done in a format that includes the court name, the case name & no., the title “ORDER”, the body text of the order, the date it was issued, and the signature of the issuing judge. No judge should issue an order about a case outside of their docket. **IX:** CASE JURISDICTION --- ***District Court*** The district court shall have jurisdiction over all cases. **Exception to the cases are any that fall under the supreme court jurisdiction where it should not be taken by the district court.** ***Supreme Court*** The supreme court shall take any case against the State of Delaware, any case appealed from the district court, and any case involving constitutional matters/interpretation. **X:** SUBPOENAS --- Any judge is granted the power to issue subpoenas. The subpoenas for an appearance of a person may be issued if they have involvement in a case, however, if a subpoena is issued the member must answer all questions relating to the case. If a judge issues a subpoena to hand over any material it must be sent to the issuing judge and the requestee.