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Rules of the High Court
Topic Started: Jul 3 2012, 05:50 PM (327 Views)
OnderKelkia
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Most rules of the High Court established by the Chief Justice in accordance with the following provisions will be displayed publicly in a post in this thread and linked to in this post. Ordinarily, individual procedures will be self-contained rather than forming part of a collective set of procedure rules. Establishing a cohesive set of rules is an objective of the Justices but is not an ongoing priority as much of the basic procedure of the High Court is provided for in the Judicature Act (2012).

Notwithstanding the foregoing, individual rules of the High Court may be included in other publicly viewable threads (e.g. case application threads).

JA4. (3) of Constitution V
 
JA4. (3) The Chief Justice may, subject to this and other Acts, decide procedures for the exercise of the powers and responsibilities of the High Court of Europeia.
Judicature Act (2012) s 15
 
Section 15. Court Rules. The Court may, formally or informally, establish rules and procedures consistent with this Act and other applicable laws to govern its own proceedings; provided, however, such rules or procedures must be made publicly available to all citizens.

Rule 1 - Procedure for Case Allocation in the Trial Court
Rule 2 - Procedure for Advisory Opinions
Edited by Pope Lexus X, Jan 21 2014, 09:05 PM.
The Right Honourable OnderKelkia ER ED EPS ESE EEQ ESH

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OnderKelkia
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See amended Rule 1 in post below.

Rule 1 - Procedure for Case Allocation in the Trial Court

Note: this procedure is published in compliance with the requirement that 'procedures must be made publicly available to all citizens' if they are established by the Court. However, these procedures do not pertain to actions which members of the public need undertake or concern themselves with.

1. In statutory terms, case allocation in the Trial Court is designated by the Chief Justice and therefore these guidelines are only lawful to the extent that they are non-binding. However, current policy is to follow these guidelines absent a reason not to do so. Factors which might give rise to such a reason include potential bias, perception of bias or inactivity on the part of the Justice scheduled to the hear a case under the rotation. Alternatively, particular expertise of another Justice in the area of law a case covers may also justify a departure from the rotation.

2. Case allocation is achieved via a rotation. The rotation takes on the following order:
Quote:
 
Justice A
Justice B
Justice C
Justice D
Justice A is scheduled to hear the next case, Justice B the case after that that and so on, rotating. The initial identities of Justice A, Justice B, Justice C and Justice D will not be disclosed because these do not form part of the procedure and could allow applicants to time cases in order to obtain a hearing from a particular judge. Also for that reason, no public indication will be given of when the guidelines are followed and when they are not. When each judge retires, their replacement takes their slot on the rotation.

3. Criminal cases, judicial reviews and advisory opinions all fall under this case allocation procedure. Please note that in relation to advisory opinions, Justices may engage in consultations and deliberations amongst their brethren as deemed appropriate. Justices are also deemed representatives of the Chief Justice when issuing advisory opinions (see the Judicature Act (2012) s 3C(3)).

4. To keep allocation as simple possible, it will not adjust to take into consideration cases which only get halfway into the proceedings.
Edited by Pope Lexus X, Jan 21 2014, 09:04 PM.
The Right Honourable OnderKelkia ER ED EPS ESE EEQ ESH

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Pope Lexus X
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Rule 1 - Procedure for Case Allocation in the Trial Court

Note: this procedure is published in compliance with the requirement that 'procedures must be made publicly available to all citizens' if they are established by the Court. However, these procedures do not pertain to actions which members of the public need undertake or concern themselves with.

1. In statutory terms, case allocation in the Trial Court is designated by the Chief Justice and therefore these guidelines are only lawful to the extent that they are non-binding. However, current policy is to follow these guidelines absent a reason not to do so. Factors which might give rise to such a reason include potential bias, perception of bias or inactivity on the part of the Justice scheduled to the hear a case under the rotation. Alternatively, particular expertise of another Justice in the area of law a case covers may also justify a departure from the rotation.

2. Case allocation is achieved via a rotation. The rotation takes on the following order:
Quote:
 
Justice A
Justice B
Justice C
Justice D
Justice A is scheduled to hear the next case, Justice B the case after that that and so on, rotating. The initial identities of Justice A, Justice B, Justice C and Justice D will not be disclosed because these do not form part of the procedure and could allow applicants to time cases in order to obtain a hearing from a particular judge. Also for that reason, no public indication will be given of when the guidelines are followed and when they are not. When each judge retires, their replacement takes their slot on the rotation.

3. Criminal cases and judicial reviews fall under this case allocation procedure.

4. To keep allocation as simple possible, it will not adjust to take into consideration cases which only get halfway into the proceedings.
~The Venerable Pope Lexus X~
Son of HEM


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Horrifying. Awful. Bad, bad, bad. Lex should feel bad. ~ Kazaman[/hide]
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Pope Lexus X
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An amendment to the rule below, made on 14th September 2014, is indicated with the previous text in strike-through and the new text in red.

Rule 2 - Procedure for Advisory Opinions

Note: this procedure is published in compliance with the requirement that 'procedures must be made publicly available to all citizens' if they are established by the Court. However, these procedures do not pertain to actions which members of the public need undertake or concern themselves with.

1. Following the Second Amendment to the Judicature Act (2013), the Trial Court shall hear submissions regarding Advisory Opinions en banc (i.e. all members of the Judiciary shall be involved in deciding the matter).

2. Upon accepting an application to grant an Advisory Opinion, the Chief Justice shall open a space to invite submissions from the Applicant and any members of the Europeian Bar Association with opposing views to that of the Applicant. A warning should be given discouraging submissions from duplicating points made by others in earlier submissions as part of the same discussion unless there it identifies a new analytical perspective or otherwise enhances consideration of the issue. If the Chief Justice is unavailable to preside over this stage, the primus inter pares may do so or another Justice may be allocated the role.

3. Following the close of submissions, the Judiciary shall deliberate in private and the Justice holding the majority opinion shall deliver the judgment of the Court in accordance with section 10(a) of the Judicature Act (2012).
Edited by OnderKelkia, Sep 14 2014, 02:17 AM.
~The Venerable Pope Lexus X~
Son of HEM


[hide=Awards]Posted ImagePosted ImagePosted ImagePosted ImagePosted ImagePosted ImagePosted ImagePosted ImagePosted Image[/hide]
[hide=Some Quotes..]
Recruiting is the kind of mindless activity that makes me less pissed. :D ~Asianatic
There is nothing more exhilarating than to be shot at without result. ~Sir Winston Churchill
The entire Kodiak Republic combined has almost the amount of judicial competency and common sense as Pope Lexus when he dines alone.~HEM
Horrifying. Awful. Bad, bad, bad. Lex should feel bad. ~ Kazaman[/hide]
[hide=Europeian Former Positions]President (x6)
Posted Image
Vice Chancellor
Posted Image
Chief Justice
Posted Image
Senate Speaker (x3)
Posted Image
Associate Justice (x2)
Senator (x 9)
Vice President (x3)
Minister of Foreign Affairs
Minister of the Interior
Minister of Culture
Assemblyman
Junior Minister
Ambassador
Rear Admiral of the ERN
City Councillor
More..
[/hide]


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