Gralan Courtroom Procedure Act

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Gerk
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Gralan Courtroom Procedure Act

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Gralan Courtroom Procedure Act

Section 1: The following regulations shall be applied to all Imperial Court cases, whether they are Civil or Criminal.

Section 2: All Imperial Court cases shall be presided over by a licensed Imperial Judge. The Judge is responsible for the orderly progression of the trial, as well as the final decision of the Court and sentencing of the criminal, if necessary. The word of the Judge is to be treated as Law inside the courtroom.

Section 3: Both the Prosecution and the Defense must be present for a trial to proceed. Neither the accused nor the accuser need be present at their own trial, but by neglecting their trial, they forfeit their right to present their own case, and must rely completely on their representatives.

Section 4: The Judge may, for any reason, call a recess of court, during which time the trial shall be interrupted by a break, and those who are legally obligated to be confined shall be replaced under confinement until the trial resumes. The Judge shall define at the call of recess how long the recess is to last. Either principal speaker may at any time, within reason, request a recess, provided they explain their reason for the request.

Section 5: The Judge may, at any time, for a variety of justifiable reasons, declare a mistrial. The trial shall end at this point, and no final decision shall be reached. The case shall be tried again, if the Prosecution wishes, on a later date, at the discretion of the Judge. One or more Court Orders may be issued to ensure a fair and orderly retrial.

Section 6: As it is the supreme law of the Gralan Empire, as well as the guardian of the people’s rights, all witnesses shall be sworn to tell the truth on a copy of the Constitution of Gralus, immediately prior to taking the stand.

Section 7: Both the Prosecution and Defense shall appoint a principal speaker for their respective side, who, during the trial, shall be the only one to speak openly to the court. Other representatives of either side may deliberate with the principal speaker, but they may not openly address the court, without express permission from the Judge.

Section 8: The principal speakers shall, with the permission of the Judge, have the opportunity to approach the bench together during a trial and speak privately with the Judge about relevant matters. Neither principal speaker shall hold a private conversation with the Judge without the presence of the other. No representative of either the Prosecution or Defense may have a private conversation with the Judge during a recess of the Court.

Section 9: Both the Prosecution and Defense shall have the opportunity to announce objections during the trial. Objections may only come from a principal speaker for either side, and may only be directed at another principal speaker or a witness. Objections may not be directed at the Judge. When an objection is announced, the objector must explain why the previous comment should not be allowed to influence the final decision of the Court, and the Judge shall decide whether to ‘sustain’ or ‘overrule’ the objection.

Section 10: Anyone attending a trial may be found at any time by the presiding Judge to be in Contempt of Court. A person found in Contempt of Court shall be immediately confined and have twenty-four hours to make a formal apology to the Court and proceed to cooperate with the Court. A person who refuses to cooperate after twenty-four hours may be charged with Obstruction of Justice, and their Contempt may be a factor of consideration in the final decision of the Court. A person may be held in Contempt of Court for a number of reasons, including, but not limited to: Disobeying a Court Order, Failure to have a representative at trial, Disrespecting the presiding Judge, Refusal to be sworn in as a witness, Failure to answer a question as a witness, Disrupting Court proceedings, Jeopardizing the fairness of a trial. Should an offense be severe enough, a person found in Contempt of Court may be immediately charged with Obstruction of Justice.
"When you have eliminated the impossible, whatever remains, however improbable, must be the truth."
~Sherlock Holmes

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