Judex Leges - The Imperial Judex Code of Procedures

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Monty
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Judex Leges - The Imperial Judex Code of Procedures

Post by Monty » Thu Jun 27, 2013 12:17 pm

PROCEDURES OF THE IMPERIAL JUDEX

PART I - CIVIL PROCEEDINGS

RULE I - GENERAL INTERPRETATIONS
1. This Part of the Rules are intended to provide for the just determination of every civil court proceeding in the Imperial Judex, and any lower courts defined by law, and shall be construed to secure simplicity in procedure, their proportionate application, fairness in administration and the elimination of unreasonable and disproportionate expense and delay.

2. Where a litigant is not represented by an Advocate (as registered and authenticated by the Mango Bar of Shireroth) but acts in person, anything that these rules require or permit an Advocate to do shall be done to the best of their ability by the litigant.

3. "Arbiter" shall be interpreted as anyone who is permitted to try any matter in the Imperial Judex. This includes the Arbiter of the Imperial Judex and, when applicable according to law, the Assistant Arbiter.

RULE II - NON-COMPLIANCE WITH THE RULES
1. The Arbiter may only require absolute compliance with any rule where it is proportionate in the interests of justice to do so.

RULE III - PRE-TRIAL PROCEEDINGS
3.01 Any person may apply to the Judex to hear a case on any subject of Shirerithian Law.

3.02 In applying to the Judex, an applicant shall provide a Particulars of Claim to the Judex consisting of the following:
(a) the applicant´s full name;
(b) the defendant´s full name (if known)
(c) a brief précis of the facts of the matter;
(d) the laws which the applicant believes the named defendant has broken;
(e) a copy of any evidence already secured that is relevant to the trial and to the law indicated in (d);
(f) a list of all relevant links to the evidence (if any) provided in (e) in chronological order;
(g) any other material that is necessary for the hearing of the application.
(h) a fee to be determined by the Arbiter of the Judex.

3.03 The Arbiter shall have 7 days to issue the application, doing so in an Order of Judex listing directions for both parties to consider. If the Arbiter does not respond, the petition will be considered dismissed.

3.04 Upon the issuing of the Particulars of Claim, the applicant shall be required to serve the Particulars of Claim upon the Defendant including:
(a) the Claimant´s full name;
(b) the defendant´s full name (if known)
(c) a brief précis of the facts of the matter;
(d) the laws which the applicant believes the named defendant has broken;
(e) a copy of any evidence already secured that is relevant to the trial and to the law indicated in (d);
(f) a list of all relevant links to the evidence (if any) provided in (e) in chronological order;
(g) any other material that is necessary for the hearing of the application.
(h) a copy of the order made by the Judex.

3.05 Where a party requires evidence to be submitted by another person, including the Claimant or Defendant, they may apply to the Judex for a Writ of Production stating:
(a) the name of the proceedings;
(b) a brief précis of the facts of the matter;
(c) the evidence they require from the party.

3.06 Where a Writ of Production is applied for, the Judex may hear arguments from the party upon which the Writ is to be served to determine whether the Writ should be issued.
(a) The Judex must not issue a Writ of Production where the evidence being sought relates to national security or state secrets of the Imperial Republic of Shireroth.
(b) The Judex may not issue a Writ of Production where the evidence being sought is deemed irrelevant to the matter at hand or where the evidence required is not clearly and adequately defined.

3.07 Where a Defendant receives the Claimant's Particular of Claim, he must file a defence with the Court and the Claimant consisting of the following:
(a) the Claimant´s full name;
(b) the defendant´s full name
(c) a brief précis of the facts of his defence;
(d) the laws which the defendant believes are in his favour;
(e) a copy of any evidence already secured that is relevant to the trial and to the law indicated in (d);
(f) a list of all relevant links to the evidence (if any) provided in (e) in chronological order;
(g) any other material that is necessary for the hearing of the application.
(h) any admissions or denials to the Claimant's claim.

3.08 Where a Defendant receives the Claimant's Particular of Claim, he may also file a Counter-Claim with the Court and the Claimant consisting of the same documents as required by rule 3.02.

RULE IV - TRIAL PROCEEDINGS
4.01 In managing the conduct of any trial, the Arbiter shall endeavour to deal with the matter proportionately and without undue delay.

4.02 The Arbiter, upon beginning the trial, shall reiterate the following:
(a) the applicant;
(b) the defendant;
(c) the law(s) which has been allegedly broken

4.03 The Claimant shall make his case first in a single post.

4.04 The Defendant shall make his case in a single post.

4.05 The Judex may accept single post submissions from parties with a reasonable interest on issues arising from the laws being ruled upon in the proceed.

4.05 Where the Arbiter requires further evidence, or further elaboration on a point, he shall invite either the Claimant or Defendant to submit responses to his questions.

4.06 The Arbiter shall decide the case as to who, on the balance of possibilities, is right under the law.

RULE V - POTENTIAL PROBLEMS
5.1 OBJECTIONS AND RULINGS
5.11 Objections to the admission of evidence are not permissible in the Imperial Judex. Both parties may introduce any evidence and the merits shall be evaluated by the Arbiter.

5.12 The Arbiter may at any time declare a statement by a witness, a piece of evidence or a statement by an Advocate or an Inquisitor to be inadmissible due to:
a) the interests of justice
b) irrelevant to the proceedings

5.2 DISRUPTION AND CONTEMPT OF JUDEX
5.21 The ruling Arbiter may find any participant in the trial in contempt of the Imperial Judex.

5.22 The sentence imposed for Contempt of the Imperial Judex is to be proportionate to the matter at hand.

5.3 COURT ETHICS
5.31 Every person acting in front of the Judex is entitled to respectful treatment.

5.32 Every person appearing before the Imperial Judex shall not mislead, knowledgeably or recklessly, the Imperial Judex on any matter of fact or law, upon punishment of Contempt of Judex.

RULE VI - COSTS
6.1 A successful party is awarded their costs after the end of proceedings.

6.2 A person may claim any reasonable and proportionate expenses in costs for the unsuccessful party.

CRIMINAL PROCEEDINGS

RULE I - GENERAL INTERPRETATIONS
1. This Part of the Rules are intended to provide for the just determination of every criminal proceeding in the Imperial Judex, and any lower courts defined by law, and shall be construed to secure simplicity in procedure, reasonable application in the interests of justice and the just determination of a person's guilt in breaching the Kaiser's Peace.

2. Where the Accused is not represented by an Advocate (as registered and authenticated by the Mango Bar of Shireroth) but acts in person, anything that these rules require or permit an Advocate to do shall be done to the best of their ability by the accused.

3. "Arbiter" shall be interpreted as anyone who is permitted to try any matter in the Imperial Judex. This includes the Arbiter of the Imperial Judex and, when applicable according to law, the Assistant Arbiter.

RULE II - NON-COMPLIANCE WITH THE RULES
1. The Arbiter shall require absolute compliance with the rules of Criminal Procedure in determining a fair trial for the accused.

RULE III - PRE-TRIAL PROCEEDINGS
3.01 Only the Imperial Inquisitor, acting in the Kaiser's authority, may bring an indictment or summons before the Judex to try a person for violation of Imperial Law.

3.02 An indictment shall contain:
(a) the name of the accused
(b) a brief précis of the facts of the matter
(c) any laws which the Imperial Inquisitor alleges the accused to have broken and the details of how they believe they have broken them.
(d) any and all evidence within the Imperial Inquisitor's control relating to the proceedings

3.03 The Arbiter shall invite a response from the accused of Guilty or Not Guilty, to be given within 7 days of the indictment being presented to the Judex.

3.04 If the accused pleads Guilty, the Judex shall immediately move to sentencing (see below)

3.05 If the accused, pleads Not Guilty, the Judex shall list directions for a trial to take place within 14 days of the plea being entered.

3.06 Where the Imperial Inquisitor requires further evidence from a third party, he may seek a Writ of Production from the Judex containing the following:
(a) the name of the proceedings;
(b) a brief précis of the facts of the matter;
(c) the evidence they require from the party.

3.07 Where a Writ of Production is applied for, the Judex may hear arguments from the party upon which the Writ is to be served to determine whether the Writ should be issued.
(a) The Judex shall not issue a Writ of Production where the evidence being sought relates to national security or state secrets of the Imperial Republic of Shireroth or where the Writ is to be served upon the accused.
(b) The Judex may not issue a Writ of Production where the evidence being sought is deemed irrelevant to the matter at hand, where the evidence required is not clearly and adequately defined or where the party argues that to issue the writ would require bearing witness against itself.

RULE IV - TRIAL PROCEEDINGS
4.01 In managing the conduct of any trial, the Arbiter shall endeavour to deal with the matter in the best interests of justice

4.02 The Arbiter, upon beginning the trial, shall reiterate the following:
(a) The Imperial Crown;
(b) the Accused;
(c) the indictment
(d) the Accused's plea
(e) and invite the Accused to reiterate his plea again.

4.03 The Imperial Inquisitor shall present the Imperial Crown's case in a single post

4.04 The Accused shall make present his case in a single post

4.05 The Judex shall not accept single post submissions from any other party during criminal proceedings.

4.06 The Arbiter shall decide the case as to whether the Imperial Inquisitor has proved the Accused's guilt beyond all reasonable doubt.

RULE V - POTENTIAL PROBLEMS
5.1 OBJECTIONS AND RULINGS
5.11 The Imperial Inquisitor or the Accused may object to evidence presented upon any of the following grounds:
a) National Security
b) Irrelevance, including past character
c) Improperly Served

5.12 The Arbiter may at any time declare a statement by a witness, a piece of evidence or a statement by an Advocate or an Inquisitor to be inadmissible due to the interests of justice.

5.2 DISRUPTION AND CONTEMPT OF JUDEX
5.21 The ruling Arbiter may find any participant in the trial in contempt of the Imperial Judex.

5.22 The sentence imposed for Contempt of the Imperial Judex is to be proportionate to the matter at hand.

5.3 COURT ETHICS
5.31 Every person acting in front of the Judex is entitled to respectful treatment.

5.32 Every person appearing before the Imperial Judex shall not mislead, knowledgeably or recklessly, the Imperial Judex on any matter of fact or law, upon punishment of Contempt of Judex.

RULE VI - SENTENCING
6.1 Upon the Accused being found Guilty, the Arbiter shall proceed to sentencing.

6.2 The Imperial Inquisitor and the Guilty shall be allowed to make a single post in recommendation of sentence.

6.3 All sentences imposed by the Judex shall be reasonable and proportionate to the crime and in accordance with the Law.
Lord Montague

Balarak Alaiaon, Duke of Elwynn, Unifier of the Severed Duchy, Sequestrer of Disharmony

Also operating as Jean Carmichael, Duke of Evreaux, Speaker of the Imperial Assembly.
Oh and Eli Naveh too, Chief of the Ashkenatzan Naval Staff.

In Battle; Unbeatable. In Victory; Unbearable.

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Vilhelm Benkern
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Joined: Sun Apr 01, 2012 11:08 am

Re: Judex Leges - The Imperial Judex Code of Procedures

Post by Vilhelm Benkern » Thu Jun 27, 2013 1:27 pm

Very good work so far, looking forward to reading the whole thing.

My general thought is that this is a good start, but needs some refinement, some additions, some clarifications. A few other things for the average Shirerithian to read through when trying to get a clear idea of what this document means are Malliki's previous procedure on which this is mainly based (here on old forum) and Shy's comments on the law relating to the Judex (1, 2).

Click spoiler for unnecessary historical waffle
The Judex faces a crisis of purpose, as do many other Shirerithian governmental organs today, in fact as do many contemporary micronations, especially those which have lived a long time and gone through several incarnations and corresponding cohorts of citizens. The nature of the Imperial Republic has changed since the Judex system was established, in a part of Shirerithian history now obscured by the Mists of Time, assisted by the Waterfall of the EZWipe and the continually nuisance-providing Tornadoes of Apathy. The relationships between subjects and the Kaiser, between individual subjects, between subdivisions and the Imperial government and to each other -- they have been fundamentally and irrevocably transformed, in pursuit of a noble aim. I would describe that aim as the de-Erikification of Shireroth. We have layed feudalism down, and it now represents a local practice, rather than the norm across the Empire. The Judex is a formerly 'Eriktrified' institution - besides political trials and politically-motivated private claims, which have been something of an irregular mainstay for the years of its existence, under New Feudalism it found a role in giving legal effect to and settling disputes regarding the feudal contracts which were the basis of that system. From ancient times to that period, and technically today under ICOL.VI.A.1, the Judex was the paramount court of a system of feudal courts; each lord was to hold court in his fief, with pone being a vital way of getting cases heard at a higher level. The only problem is, due to lack of interest & knowledge, as well as the practicability of holding court trials in subdivisions of 1-3 people, these lesser feudal courts barely existed, if they were ever held at all. If the national supreme Judex is quiet, the local courts have always been even less important, probably because of the power given to local lords to solve disputes via executive power, and probably above all the above-mentioned population issue.

The modern Judex has to rise to meet the challenges posed by the changes in the constitutional situation embodied by the new Charter. It has to be all the things we generally expect it to be - efficient, practical, with navigable and intuitive procedures, relevantly empowered, with set procedures allowing for all the aspects of a given case of any time to be heard and considered before a decision is reached. But there is a wider debate going on, or should be going on, about the nature of the Judex and general court system, about the kinds of questions it should be settling vis-a-vis the constitution, about the merits and demerits of 'lawyerism', and the importance of legal eagles in providing drama in any good roleplay story -- and therefore to what extent these procedures should be cast-iron.
I see now the messages that this is incomplete, so I will wait until the complete article is available before going into a detailed commentary.
Vilhelm Benkern DEOMI, Member of the Order of the Dragon, Silver Swan, Red Dragon
Dirigent of Musica, Count of Mar Sara
In Aryasht Prapta Vrteti, former Prince of Aryasht; Zaila Vrteti, Norfolknath
In Elwynn Benjamin Sebasokrator Timothy Quentin Kern, Duke of Raikoth
In Khalypsil Representative of the Wisdom

Monty
Posts: 934
Joined: Wed Feb 08, 2012 12:17 pm

Re: Judex Leges - The Imperial Judex Code of Procedures

Post by Monty » Thu Jun 27, 2013 1:37 pm

As of this message, it is hopefully complete though I admit I may have missed out certain things. The only major problem I can see between the LawCol and the Judex Leges is I've called the starter of a claim the Claimant instead of the Plaintiff.

Regarding problems of Lawyerism, and allegations that will most likely come the Judex's way from the #FailingGrayling's of our country, it's my hope and intention that perhaps the Mango Bar or the Judex (or both, in a collaborative effort) may come together to produce standardised forms for PofCs and Defences.
Lord Montague

Balarak Alaiaon, Duke of Elwynn, Unifier of the Severed Duchy, Sequestrer of Disharmony

Also operating as Jean Carmichael, Duke of Evreaux, Speaker of the Imperial Assembly.
Oh and Eli Naveh too, Chief of the Ashkenatzan Naval Staff.

In Battle; Unbeatable. In Victory; Unbearable.

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