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Second Amendment to the Judicature Act (2013)
Topic Started: Dec 17 2013, 10:05 PM (265 Views)
Senate Clerk
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** TEXT CURRENT AS OF 17TH DECEMBER 2013 **

Advisory Opinion Amendment Act (2013)
An amendment to further clarify court procedure and implement a new procedure for advisory opinions

Short Title


(1) This Act may be cited as the AOAA (2013).

Amendments

(2) Section 3 (c.) (4) shall be added to the Judicature Act (2012):
Quote:
 

(4) Advisory Opinions shall be rendered by all Justices of the Court en banc after such deliberations and consultations as deemed appropriate.


(3) Section 1 (b) of the Judicature Act (2012) shall be amended to the following:
Quote:
 
(b) The Trial Court shall consist of one judge and shall be presided over by (in order of preference):

(1) the Chief Justice
(2) an Associate Justice designated by the Chief Justice
(3) the primus inter pares
(4) an Associate Justice designated by the primus inter pares

when exercising its Jurisdiction over Criminal Cases and Judicial Reviews. The Trial Court shall consist of all Justices of the Court sitting en banc when exercising its Jurisidiction over Advisory Opinions.


(4) Section 2 (b) of the Judicature Act (2012) shall be amended to the following:
Quote:
 
(b) The Court of Appeal shall have jurisdiction over appeals from decisions of the Trial Court in Criminal Cases or requests for Judicial Review. The Court of Appeal may also review a decision by the Chief Justice or his designate not to accept a case application.


(5) Section 10 (a) of the Judicature Act (2012) shall be amended to the following:
Quote:
 
(a) Following the conclusion of the trial and legal arguments, if applicable, the presiding Justice shall expeditiously prepare and deliver a written opinion stating, in reasonable detail, his resolution of all material questions of fact and law and articulating the Trial Court's judgment based on his resolution of those questions. In the case of an Advisory Opinion, the opinion and judgment shall be written by a Justice holding the majority opinion.
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Senate Clerk
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Text With Amendments

Advisory Opinion Amendment Act (2013)
An amendment to further clarify court procedure and implement a new procedure for advisory opinions

Short Title


(1) This Act may be cited as the AOAA (2013).

Amendments

(2) Section 3 (c.) (4) shall be added to the Judicature Act (2012):
Quote:
 

(4) Advisory Opinions shall be rendered by all Justices of the Court en banc after such deliberations and consultations as deemed appropriate.


(3) Section 1 (b) of the Judicature Act (2012) shall be amended to the following:
Quote:
 
(b) The Trial Court shall consist of one judge and shall be presided over by (in order of preference):

(1) the Chief Justice
(2) an Associate Justice designated by the Chief Justice
(3) the primus inter pares
(4) an Associate Justice designated by the primus inter pares

when exercising its Jurisdiction over Criminal Cases and Judicial Reviews. The Trial Court shall consist of all Justices of the Court sitting en banc when exercising its Jurisidiction over Advisory Opinions.


(4) Section 2 (b) of the Judicature Act (2012) shall be amended to the following:
Quote:
 
(b) The Court of Appeal shall have jurisdiction over appeals from decisions of the Trial Court in Criminal Cases or requests for Judicial Review. The Court of Appeal may also review a decision by the Chief Justice or his designate not to accept a case application.


(5) Section 10 (a) of the Judicature Act (2012) shall be amended to the following:
Quote:
 
(a) Following the conclusion of the trial and legal arguments, if applicable, the presiding Justice shall expeditiously prepare and deliver a written opinion stating, in reasonable detail, his resolution of all material questions of fact and law and articulating the Trial Court's judgment based on his resolution of those questions. In the case of an Advisory Opinion, the opinion and judgment shall be written by a Justice holding the majority opinion.


Legislative History

This Act became Law on 27th November 2013.
Note: This is an account used for maintenance of certain forum areas, and is not regularly monitored. Please do not send PMs to it. If you have questions regarding the Senate, please direct them to the Senate Speaker in person.
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