Legal Procedure Act, 1772

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

 

 

---

 

 

 

The Legal Procedure Act, 1772

Presented on Horen’s Calling of 1772

Introduced in the Commons.

Passed through the House of Commons in the Sixteenth Session of the Imperial Diet.

 

 

---

 

 

AYE

Amador

Barclay

Baruch

Bykov

de Lyons

Elendil

Gray

Sarkozy

Stafyr

Stalistena

Wick

 

ABSENT

d’Aryn

Karoly

O’Rourke

Rothesay

 

 

---

 

 

PREAMBLE

The inception of the modern Imperial Judiciary is without doubt one of the cornerstones upon which this enlightened period of Man is built, and while the rights, duties and obligations of the Orenian are championed within the Oren Revised Code, there exists a number of unwritten customs, preferences and even uncertainties when it comes to the nature of legal proceedings within the Holy Orenian Empire. This Bill seeks to legislate a formal procedure for matters of the Court, and the mechanisms by which lawmen conduct their business in order to afford them greater efficiency and ensure the Court need not waste valuable time determining unwritten procedure.

 

ARTICLE I: DEFINITIONS

  1.  “Imperial Government” shall be construed to mean the government of the Holy Orenian Empire;

  2.  “Provincial Government” shall be construed to mean a government administering a province within the Holy Orenian Empire;

  3.  “The Court” shall be construed to mean the Imperial Judiciary;

  4.  “The Circuit Court” shall be construed to mean the court of first instance within the Holy Orenain Empire;

  5.  “The Supreme Court” shall be construed to mean the highest and appellate court of the Holy Orenian Empire;

  6.  “Legal entity” shall be construed to mean any individual, government body or company with legal personality in accordance with the Oren Revised Code CH301.02;

  7.  “Legal proceedings” shall be construed to mean any matter concerning the Court, be it civil, criminal, advisory or supervisory;

       a. A matter shall be deemed a legal proceeding once a Subpoena or Petition for Summons has been published;

       b. A matter prefaced with a Subpoena or Petitions for Summons shall still be deemed to be a legal proceeding even if the matter is settled or closed prior to trial or hearing;

  8.  “Trial by Judge” shall be construed to mean a trial where the guilt of a Defendant is determined by a Justice;

  9.  “Trial by Jury” shall be construed to mean a trial wherein the guilt of a Defendant is determined by jury;

  10.  “Justice” shall be construed to mean the judge who oversees a legal dispute and determines the sentence of convicted parties;

  11.  “Plaintiff” shall be construed to mean a legal entity who brings civil charges against another legal entity;

  12.  “Defendant” shall be construed to mean the legal entity summoned by to answer charges before the Court;

  13.  “Solicitor” shall be construed to mean a lawman acting on behalf of a Plaintiff or Defendant, who may represent them in legal proceedings and address the Court on their behalf;

  14.  “Prosecutor” shall be construed to mean an employee of the Imperial Government or a Provincial Government who represents the Crown in criminal cases;

  15.  “Jury” shall be construed to mean the body of Imperial subjects charged with determining the guilt or innocence of a Defendant, and assembled in accordance with Article V;

  16.  “Witness” shall be construed to mean an individual called to give testimony in a trial to aid the jury in ascertaining the guilt or innocence of a Defendant;

  17.  “Subpoena” shall be construed to mean a document filed by the Imperial Government to summon a legal entity before the Court to be trialed on criminal charges;

  18.  “Petition for Summons” shall be construed to mean a document filed by a legal entity to summon another legal entity before the Court to be trialed on civil charges;

  19. “Judicial Review” shall be construed to mean the Supreme Court’s power to review any governmental conduct that may be in violation of existing law;

  20.  “Request for Judicial Review” shall be construed to mean a document submitted to the Supreme Court to call upon it to enact its powers of judicial review;

  21.  “Appeal” shall be construed to mean a document submitted to the Supreme Court to call upon it to overturn a verdict of the Circuit Court;

  22.  “Replying Affidavit” shall be construed to mean a document submitted by a Defendant outlining their defense to charges listed in a Subpoena or Petition for Summons;

  23.  “Book of Evidence” shall be construed to mean a document containing all a party’s evidence for a trial;

  24.  “Appellant” shall be construed to mean the legal entity appealing to the Supreme Court;

  25.  “Respondent” shall be construed to mean the legal entity responding to an Appeal should the Supreme Court call for a hearing;

  26.  “Plea Agreement” shall be construed to mean an agreement wherein a Defendant agrees to plead guilty to criminal charges in return for sentencing concessions;

  27.  “Settlement Agreement” shall be construed to mean an agreement between a Plaintiff and a Defendant wherein both parties agree to settle the matter without proceeding to Court;

  28.  “Balance of Probabilities” shall be construed to mean the threshold of conviction whereby the Court is satisfied an event occurred if the Court considers that, on the evidence, the occurrence of the event was more likely than not;

  29.  “Beyond a Reasonable Doubt” shall be construed to mean the threshold of conviction whereby no other logical explanation can be derived from the facts except that a Defendant committed the crime;
 

SECTION II: INVOKING THE COURT

  1.  Juries:

       a. A case heard on charges classified as infractions and ns and misdemeanours shall be trial by judge;

       b. A case heard on charges classified as felonies and treason shall be trial by jury, assembled in accordance with Article IV;

       c. A case heard on charges of both classification types shall be trial by jury;

  2.  Invoking a Criminal Trial: 

       a. The Imperial Government or a Provincial Government may summon an individual before the Court on criminal charges by submitting a Subpoena;

           i. A Provincial Government may only Subpoena within their jurisdiction;

       b. A Circuit Court Justice may assign themselves, or be assigned by the Supreme Court, to any Subpoena that falls within their jurisdiction;

  3.  Invoking a Civil Trial:

       a. An Imperial subject may submit a Petition for Summons to the Court to summon another entity with legal personality, including governmental agencies of the Crown but not the Crown itself, on civil charges;

       b. A Circuit Court Justice may assign themselves, or be assigned by the Supreme Court, to any Subpoena that falls within their jurisdiction;

       c. A Petitions for Summons should clearly lay out exactly the laws the allege party allegedly violated, followed by a precise account of the circumstances that clearly demonstrates the alleged violation;

  4.  Invoking Judicial Review:

       a. Any Imperial subject or government may submit a Request for Judicial Review to call upon the Supreme Court to review the legality of any Edict, Act, or Order issued throughout the Empire;

       b. Only the Supreme Court may accept and enact Judicial Reviews;

       c. A Judicial Review does not require a trial but the Court may call for a hearing on the matter;

       d. The Court shall accept a request for Judicial Review on a majority vote;

       e. In finding a matter to be in violation of existing law upon completion of a Judicial Review, the matter shall be deemed null and void;

  5.  Invoking an Appeal:

       a. Any Imperial subject or government may submit an Appeal to the Supreme Court, calling upon them to overturn the verdict of the Circuit Court;

       b. An Appeal shall not constitute a second, unchanged hearing of the original matter, and shall instead be submitted on the grounds of;

           i. A mistrial, whereby a trial was conducted and judgment rendered in violation with Court procedure prescribed in this bill, such as a juror failing to disclose a past interaction with a party;

           ii. On the basis of law, whereby the Justice was negligent in that they acted outside their jurisdiction, failed to follow law, interpreted the law in a way that can be considered objectively unreasonable, or otherwise conducted themselves in a way that can, at the discretion of the Supreme Court, constitute a breach of  judicial obligations;

           iii. On the basis of new facts, whereby significant new information relevant to the case has come to light since the original judgment;

       c. The Supreme Court shall accept or deny an Appeal on a majority vote;

       d. Upon accepting an Appeal, the Supreme Court shall review the original judgment and, at their discretion, uphold the judgment or overturn the judgment;

           i. If required, the Supreme Court may summon the relevant parties to a hearing;

       e. A matter may generally be appealed only once, but this shall be to the following exceptions;

           i. If an Appeal is denied, the Supreme Court shall be obliged to consider a second Appeal in exceptional circumstances, at their discretion;

           ii. If an Appeal is accepted and the judgment upheld, the Supreme Court shall be obliged to consider an additional Appeal if substantial new evidence comes to light.

 

SECTION III: PRE-TRIAL PROCEDURE

  1.  Hearings:

       a. Once a Subpoena or Petition to Summons is published, the assigned Justice shall meet with the publishing party and review the merits of the case;

       b. If the Justice deems the case to hold merit and worthy of the Court’s time, they shall allow the matter to proceed to trial;

       c. If the Justice deems the case to be of insufficient and frivolous merit, they shall bar the matter from proceeding to trial;

  2.  Representation:

       a. A Plaintiff, Defendant, Appellant or Respondent may elect to employ a Solicitor to act on their behalf for legal proceedings;

       b. A Solicitor shall be the agent of the employing party in both pre-trial preparation and shall represent them before the Court during trial;

       c. A Defendant in a criminal matter shall be entitled to be assigned a Solicitor if they cannot employ one themselves;

           i. Representation by a Solicitor in all other matters shall not be construed as a right, and a Plaintiff, Defendant, Appellant or Respondent shall be obliged to represent themselves if they neglect to employ a Solicitor;

  3.  Arranging a Trial:

       a. Once a Justice deems a case to have merit, they shall facilitate communication between the two parties and arrange a suitable date;

  4.  Disclosure:

       b. Upon the submission of a Subpoena or Petition for Summons, a Defendant shall be obliged to submit a Replying Affidavit outlining their response to the alleged offenses at least one Saint’s Day prior to trial;

           i. At the discretion of a Justice, an unrepresented layman may be excused from this obligation;

           ii. At least one Saint’s Day prior to trial, both parties shall exchange their Books of Evidence, in accordance with the Provision of Article VI.

 

SECTION IV: TRIAL PROCEDURE

  1.  Stenography:

       a. A Justice shall be required to ensure a stenographer is present to record a full transcript of the trial, or do so themselves;

  2.  A trial shall proceed as followed:

       a. All parties shall rise for the Justice upon their arrival and departure from the courtroom, signalling the formal beginning and ending of a Court sitting;

       b. The jury, if the Defendant’s charges consist of any classified as a felony or treason, shall then be assembled in accordance with the provisions of Article V;

       c. The clerk, or the Justice, shall then read the charges;

       d. The Defendant shall then plead guilty or not guilty;

       e. The Plaintiff shall then make their opening statement;

       f. The Defendant shall then make their opening statement;

       g. The trial shall proceed with both parties making submissions by turn, starting with the Plaintiff or Prosecution, whether by witness examination or addressing the jury;

           i. After a party concludes a turn of submissions, the opposing party may rebut by cross-examining a witness or addressing the jury;

              1. Rebuttal shall focus on the opposing party’s submissions immediately prior, and new material and topics shall be reserved for non-rebutting submissions; 

       h. Submissions shall continue until both parties rest their cases, or the Justice deems further submissions unnecessary;

       i. Trials by Jury:

           i. The Justice shall then order the jury to a private chamber to deliberate and render their verdict by a majority vote on each charge;

           ii. The jury and Justice shall then return to the courtroom where the Justice shall deliver the verdict;

       j. Trials by Judge:

           i. The Justice shall retire to a private chamber to deliberate and render their verdict before returning to the courtroom;

           ii. The Justice shall then render the appropriate sentence;

  3.  Adjournment:

       a. In the event of a particularly long trial or unprecedented circumstances, a Justice may, at their discretion or by request from a relevant party, adjourn the trial and resume as soon as reasonably feasible for all parties;

  4.  Objections:

       a. A party may object during an opposing party’s submissions if he believes the submissions to be false, misleading or inappropriate;

       b. The Justice may acknowledge and allow the objecting party to cite their cause for the objection;

       c. The Justice may decline the objection;

       d. If an objection is allowed, the Justice shall deem whether the contested submissions shall be considered null;

       e. If a party persistently objects on a frivolous basis, a Justice may bar them from objecting for the duration of a trial.

    

SECTION V: JURY SELECTION

  1.  A jury, in cases heard on charges classified as a felony or treason, shall be composed of three jurors;

  2.  Jurors shall be selected from the province wherein the alleged offense occurred;

  3.  The presiding Justice shall select jurors at random from the Imperial Census;

  4.  Jurors shall be obliged to disclose any previous or current relationships, interactions or opinions of any party involved with a trial;

       a. Failure to do so shall render the trial a mistrial, and shall constitute an act of Perjury in accordance with the Oren Revised Code CH204.09;

  5.  A relevant party may approach the Justice with concerns about a juror, and if such concerns are sufficient, the Justice shall arrange for a new juror to replace them.

 

SECTION VI: EVIDENCE

  1.  Books of Evidence:

      a. All a party’s evidence must be contained within a single Book of Evidence, submitted to the presiding Justice and exchanged with the opposing party at least one Saint’s Day prior to trial;

      b. A Book of Evidence must not be altered once exchanged with an opposing party;

          i. When significant new evidence comes to light after a Book of Evidence is exchanged, a Justice shall be obliged to allow an alteration and an updated Book of Evidence must be circulated to the opposing party, who may request the trial to be delayed by an additional Saint’s Day;

       c. Pieces of evidence in a Book of Evidence should be cited as Exhibit A, Exhibit B, etc. for ease of reference;

  2.  Witnesses:

       a. A Plaintiff and a Defendant shall be entitled to summon a minimum of two witnesses in a trial, with further witnesses permitted with the consent of the Justice;

       b. More than one witness should not be called for the purposes of verifying the same events;

       c. If requested by the opposing party, a witness shall be obliged to disclose any past relationships, interactions or opinions of a Plaintiff or Defendant;

  3.  Admissibility of Evidence:

       a. In accordance with CH210.01, evidence obtained through illegal means shall not be admitted at trial;

       b. If a party believes evidence has been obtained through illegal means, the burden shall lie with them to prove its inadmissibility on the balance of probabilities;

       c. A party presenting evidence which they know to be inadmissible shall constitute an act of Perjury in accordance with the Oren Revised Code CH204.09;

       d. If a piece of evidence is contested as inadmissible, a party shall be obliged to disclose how they obtained if;

           i. If the source of a piece of evidence is considered sensitive, the presenting party may disclose this source to the presiding Justice alone.

 

SECTION VII: THRESHOLDS OF CONVICTION

  1.  Balance of Probabilities:

       a. The threshold to convict a Defendant of a misdemeanour or infraction shall be on the balance of probabilities;

  2.  Beyond a Reasonable Doubt:

       a. The threshold to convict a Defendant of a felony or treason shall be beyond a reasonable doubt.

 

Introduced by Member of Commons Konstantin Wick on Horen’s Calling 1772

 

Cosponsored by Member of Commons Farooq Gray

 

Issued and proclaimed,

Peter III, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus, and Seventis, King of Kaedrin, Prince of Malinor, Grand Duke of Ves, Duke of Lorraine and Roden, Baron of Sedan, Vitzburg and Sedai, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.