Difference between revisions of "Standing Order 7 of the Court of Justice"

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Standing Order of the Court Regarding Residency Reinstatement Petitions and Proceedings
CitationSO-7
Enacted byCourt of Justice
Signed byAnaaxes
Date commencedX February 2020
Status: Pending

IN THE COURT OF JUSTICE OF THE SOCIAL LIBERAL UNION

STANDING ORDER OF THE COURT REGARDING RESIDENCY REINSTATEMENT PETITIONS AND PROCEEDINGS

BY ORDER OF THE COURT, the following definitions and procedures apply to petitions for the revocation of World Assembly membership requirement waivers (hereinafter referred to as "the petition"), pursuant to Article 1, Section 4, Clause 1 of the Constitution, and hearings incidental thereto:

  1. STANDING TO PETITION:
    Pursuant to the Constitution, the Speaker of the Union, personally or by authorized counsel (hereinafter referred to as "the Petitioner"), has exclusive standing to file revocation petitions.
  2. REQUIREMENTS OF PETITION:
    The petition shall be sufficient in form if it:
    1) Is titled "Petition for Revocation of World Assembly Membership Requirement Waiver"; and
    2) Specifically identifies the State which is to have its waiver revoked in effect pursuant to Article 1, Section 4 of the Constitution (hereinafter referred to as "the Respondent"); and
    3) Clearly states on which constitutional ground(s) the waiver should be revoked ("fraud, deception, or error"); and
    4) Specifically identifies which Resolution of Parliament or Resolution Amendment granted the waiver and the day such waiver was enacted.
  3. PRELIMINARY HEARING:
    Upon accepting the petition and finding it in proper form, the Court shall schedule a preliminary hearing period and serve process on the Respondent. During this period, a public defender may be appointed for the Respondent for the entire duration of the waiver revocation proceedings (or parts thereof) as if for a criminal trial, and, the constitutional ground(s) listed in the petition may not be amended, but the Petitioner may move for voluntary dismissal of the entire petition.
  4. EVIDENTIARY HEARING:
    The Petitioner may make an opening statement in support of the constitutional ground(s) for revocation in the Petition. Whether or not the Petitioner makes an opening statement, the Respondent may then make an opening statement or may reserve the making of an opening statement until after the introduction of the evidence in support of the constitutional ground(s) for revocation. The Petitioner shall then offer the evidence in support of the ground(s) for revocation. The Respondent may then offer their evidence in opposition to the ground(s) for revocation and may rebut the Petitioner's evidence. The Court shall rule on the admissibility of evidence and shall strike from the record and from consideration any prejudicial or inadmissible evidence.
  5. BURDEN AND STANDARDS OF PROOF:
    The burden of proving the alleged constitutional ground(s) for revocation lies with the Petitioner. In the absence of any supporting evidence by the Petitioner, the Court shall dismiss the petition without prejudice. The standard of proof for final disposition of the petition shall be "clear and convincing evidence" and all other matters incidental shall be disposed of using the standard of proof "balance of probabilities."
  6. FINAL DISPOSITION:
    The Court shall issue its ruling as soon as possible, serving both parties with its decision. If the Court finds against the Petitioner it may dismiss the petition without prejudice, but additional petition filings for the same State within the next 45 days shall not be in order without advance leave of the Court or upon the election and qualification of a new Speaker of the Union. If the Court finds for the Petitioner, it shall issue a decree ordering and certifying the waiver revoked in effect until re-granted by Resolution of Parliament, serving both parties and the Minister of Immigration so they may update their records.
  7. AUTOMATIC REVOCATION BY CRIMINAL CONVICTION:
    Pursuant to the Constitution, a State which possesses a valid waiver at the time of their conviction for "treason, invasion, or rebellion" shall have their waiver automatically revoked in effect by operation of law. The Court shall issue a decree certifying the waiver revoked in effect until re-granted by Resolution of Parliament, upon request of the Delegate, the Speaker, a Minister, the Attorney General, or the State which had its waiver revoked in effect.

This order is effective immediately and shall remain in effect until such time as it may be modified or revoked.

Dated: X January 2020

Anaaxes
Chancellor
Presiding