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

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{{Infobox legislation
 
{{Infobox legislation
 
|short_title        = Standing Order of the Court Regarding Residency Reinstatement Petitions and Proceedings
 
|short_title        = Standing Order of the Court Regarding Residency Reinstatement Petitions and Proceedings
|date_commenced      = X February 2020
+
|date_commenced      = 12 February 2020
 
|enacted_by          = [[Court of Justice]]
 
|enacted_by          = [[Court of Justice]]
 
|citation            = SO-7
 
|citation            = SO-7
|status              = Pending
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|status              = In force
 
|signed_by          = [[Anaaxes]]
 
|signed_by          = [[Anaaxes]]
 
}}
 
}}
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'''STANDING ORDER OF THE COURT REGARDING RESIDENCY REINSTATEMENT PETITIONS AND PROCEEDINGS'''
 
'''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:
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'''BY ORDER OF THE COURT''', the following definitions and procedures apply to petitions for the reinstatement of residency within the Social Liberal Union (hereinafter referred to as "the petition"), pursuant to Article 1, Section 5, Clause 4 of the Constitution, and hearings incidental thereto:
# '''STANDING TO PETITION''':<br>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.
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# '''STANDING TO PETITION''':<br>Pursuant to the Constitution, any State which was purportedly a Member State at the time of their alleged unlawful ejection from the Social Liberal Union may request via the petition the assistance of this Court, personally or by authorized counsel (hereinafter referred to as "the Petitioner"), for the purposes of reinstating their residency. No State may submit a petition under this Order if they are currently a Resident State of the Social Liberal Union, as the matter is considered moot, except as provided for by Article 5, Section 6 of the Legal Fundamentals Act and upon obtaining leave of the Court on those grounds.
# '''REQUIREMENTS OF PETITION''':<br>The petition shall be sufficient in form if it:<br>'''1)''' Is titled "Petition for Revocation of World Assembly Membership Requirement Waiver"; and<br>'''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<br>'''3)''' Clearly states on which constitutional ground(s) the waiver should be revoked ("fraud, deception, or error"); and<br>'''4)''' Specifically identifies which Resolution of Parliament or Resolution Amendment granted the waiver and the day such waiver was enacted.
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# '''REQUIREMENTS OF PETITION''':<br>The petition shall be sufficient in form if it:<br>'''1)''' Is titled "Petition for Reinstatement of Social Liberal Union Residency"; and<br>'''2)''' Specifically identifies the State which is have their residency reinstated pursuant to Article 1, Section 5, Clause 4 of the Constitution; and<br>'''3)''' Contains the date, if known, of the Petitioner's alleged unlawful ejection. If the exact date is not known, provides an approximate date range; and<br>'''4)''' Identifies the State(s), if known, purportedly responsible for the Petitioner's alleged unlawful ejection and what official capacity, if any, where they acting under; <br>'''5)''' Briefly describes the relevant facts and circumstances surrounding and leading up to the alleged unlawful ejection, not to exceed 1000 words without leave of the Court; <br>'''6)''' Specifies whether the Petitioner requests the appointment of a public defender or names their private counsel of record, if any. Provided, that unless the Petitioner requests otherwise herein, the public defender shall be appointed for the entire duration of the case until final disposition. Further provided, that unless private counsel of record is named in the petition and the Petitioner does not explicitly and knowingly waive their right to a public defender therein, one shall be appointed by default.
# '''PRELIMINARY HEARING''':<br>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.
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# '''PRELIMINARY HEARING''':<br>Upon accepting the petition and finding it in proper form, the Court shall schedule a preliminary hearing period and serve process on the Government (hereinafter referred to as "the Respondent") via the Attorney General or Minister of Domestic Affairs. During this period, a public defender may be appointed for the Petitioner, as requested in the petition, for the entire duration of the residency reinstatement proceedings (or parts thereof) as if for a criminal trial, and, the petition may not be amended, but the Petitioner may move for voluntary dismissal of the entire petition without prejudice at any time before the conclusion of the evidentiary hearing. At any time before the beginning of the evidentiary hearing, the Court may grant a motion for summary judgement with prejudice if the Respondent enters into a stipulation with the Petitioner that they are or were a Member State at the time of the ejection and that the allegation(s) set forth in the petition are true or substantially true. No question of fact, other than whether the Petitioner is or was a Member State at the time of the unlawful ejection, shall be addressed on the merits at this hearing. The Court shall inquire into this question, but even if the Court cannot sufficiently ascertain that the Petitioner is in fact or was a Member State at the time of the alleged unlawful ejection, it may proceed in spite of this, however, this factor shall weigh heavily against the Petitioner unless later sufficiently proved to be true in the evidentiary hearing. Upon motion of the Respondent and if the petition is, in the opinion of the Court, vexatious, frivolous, or completely without merit, it may issue summary judgement against the Petitioner, with or without prejudice, as justice may require. Provided, the Court shall not enter summary judgement with prejudice without hearing evidence on that separate question alone at a separate, noticed hearing and shall stay further proceedings until this question is disposed of.
# '''EVIDENTIARY HEARING''':<br>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.
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# '''EVIDENTIARY HEARING''':<br>The Petitioner may make an opening statement in support of the allegation(s) that the ejection identified and described in the petition currently is or was unlawful at the time of the occurrence. 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 allegation(s). The Petitioner shall then offer the evidence in support of the allegation(s) in the petition. The Respondent may then offer their evidence in rebuttal to the allegation(s) 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. The Court may summon and examine under penalty of perjury, unless good cause appears otherwise, the State(s) alleged to be responsible for the purported unlawful ejection of the Petitioner, and, may issue subpoenas for the sworn testimony of other relevant States or for the production of documents or other evidence.
# '''BURDEN AND STANDARDS OF PROOF''':<br>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."
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# '''BURDEN AND STANDARD OF PROOF''':<br>The burden of proving the allegation(s) in the petition lies with the Petitioner. The standard of proof for final disposition of the petition and all other matters incidental thereto shall be upon the "balance of probabilities." In the absence of any supporting admissible evidence by the Petitioner being presented, the Court shall dismiss the petition without prejudice. In the presence of sufficient evidence in support of the allegation(s) in the petition, and, if the Respondent fails to respond after warning or appear entirely, judgement shall be entered by default in favor of the Petitioner without prejudice to any appeal(s) by the Respondent.
# '''FINAL DISPOSITION''':<br>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.
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# '''FINAL DISPOSITION''':<br>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 10 days shall not be in order without advance leave of the Court. If the Court finds for the Petitioner, it shall issue a proper declaratory judgement regarding the unlawfulness of the ejection and issue proper injunctive relief to ensure the Petitioner may reinstate their residency in the Social Liberal Union (including, but not limited to, removal from the regional ban list) and restraining further unlawful and unwarranted ejections, serving both parties and the Minister of Immigration so they may keep accurate records.
# '''AUTOMATIC REVOCATION BY CRIMINAL CONVICTION''':<br>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.
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# '''POST-JUDGEMENT PROCEEDINGS''':<br>Willful defiance of or repeated failure to obey the orders of this Court, by either party, may result in contempt sanctions being imposed at the request of the opposing party or at the volition of the Court, in a manner consistent with the law following a noticed hearing. If the Court has found in favor of the Petitioner in a residency reinstatement case within the preceding 60 days, the Court shall without hearing and ex parte, issue a separate decree certifying that the Petitioner was in fact a Member State as a matter of law and fact at the time it was issued, if so true, upon request to the Petitioner, the Speaker of the Union, the Minister of Immigration, or the Attorney General. If the Petitioner is not in fact a Member State, a notice informing the requestor of the inability of the Court to certify that fact at that time shall be served upon them by the Court and the Court may extend this period by and entertain such requests for an additional 30 days should the interests of justice best be served, in the opinion of the Court. Provided, no decree or notice regarding the Member State status of the Petitioner shall issue when the underlying case or petition has been vacated, suspended, or set aside.
  
 
This order is effective immediately and shall remain in effect until such time as it may be modified or revoked.
 
This order is effective immediately and shall remain in effect until such time as it may be modified or revoked.
  
Dated: X January 2020
+
Dated: 12 February 2020
  
 
Anaaxes<br>Chancellor<br>Presiding
 
Anaaxes<br>Chancellor<br>Presiding
 +
 +
[[Category:Standing Orders]]

Latest revision as of 02:58, 13 February 2020

Standing Order of the Court Regarding Residency Reinstatement Petitions and Proceedings
CitationSO-7
Enacted byCourt of Justice
Signed byAnaaxes
Date commenced12 February 2020
Status: In force

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 reinstatement of residency within the Social Liberal Union (hereinafter referred to as "the petition"), pursuant to Article 1, Section 5, Clause 4 of the Constitution, and hearings incidental thereto:

  1. STANDING TO PETITION:
    Pursuant to the Constitution, any State which was purportedly a Member State at the time of their alleged unlawful ejection from the Social Liberal Union may request via the petition the assistance of this Court, personally or by authorized counsel (hereinafter referred to as "the Petitioner"), for the purposes of reinstating their residency. No State may submit a petition under this Order if they are currently a Resident State of the Social Liberal Union, as the matter is considered moot, except as provided for by Article 5, Section 6 of the Legal Fundamentals Act and upon obtaining leave of the Court on those grounds.
  2. REQUIREMENTS OF PETITION:
    The petition shall be sufficient in form if it:
    1) Is titled "Petition for Reinstatement of Social Liberal Union Residency"; and
    2) Specifically identifies the State which is have their residency reinstated pursuant to Article 1, Section 5, Clause 4 of the Constitution; and
    3) Contains the date, if known, of the Petitioner's alleged unlawful ejection. If the exact date is not known, provides an approximate date range; and
    4) Identifies the State(s), if known, purportedly responsible for the Petitioner's alleged unlawful ejection and what official capacity, if any, where they acting under;
    5) Briefly describes the relevant facts and circumstances surrounding and leading up to the alleged unlawful ejection, not to exceed 1000 words without leave of the Court;
    6) Specifies whether the Petitioner requests the appointment of a public defender or names their private counsel of record, if any. Provided, that unless the Petitioner requests otherwise herein, the public defender shall be appointed for the entire duration of the case until final disposition. Further provided, that unless private counsel of record is named in the petition and the Petitioner does not explicitly and knowingly waive their right to a public defender therein, one shall be appointed by default.
  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 Government (hereinafter referred to as "the Respondent") via the Attorney General or Minister of Domestic Affairs. During this period, a public defender may be appointed for the Petitioner, as requested in the petition, for the entire duration of the residency reinstatement proceedings (or parts thereof) as if for a criminal trial, and, the petition may not be amended, but the Petitioner may move for voluntary dismissal of the entire petition without prejudice at any time before the conclusion of the evidentiary hearing. At any time before the beginning of the evidentiary hearing, the Court may grant a motion for summary judgement with prejudice if the Respondent enters into a stipulation with the Petitioner that they are or were a Member State at the time of the ejection and that the allegation(s) set forth in the petition are true or substantially true. No question of fact, other than whether the Petitioner is or was a Member State at the time of the unlawful ejection, shall be addressed on the merits at this hearing. The Court shall inquire into this question, but even if the Court cannot sufficiently ascertain that the Petitioner is in fact or was a Member State at the time of the alleged unlawful ejection, it may proceed in spite of this, however, this factor shall weigh heavily against the Petitioner unless later sufficiently proved to be true in the evidentiary hearing. Upon motion of the Respondent and if the petition is, in the opinion of the Court, vexatious, frivolous, or completely without merit, it may issue summary judgement against the Petitioner, with or without prejudice, as justice may require. Provided, the Court shall not enter summary judgement with prejudice without hearing evidence on that separate question alone at a separate, noticed hearing and shall stay further proceedings until this question is disposed of.
  4. EVIDENTIARY HEARING:
    The Petitioner may make an opening statement in support of the allegation(s) that the ejection identified and described in the petition currently is or was unlawful at the time of the occurrence. 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 allegation(s). The Petitioner shall then offer the evidence in support of the allegation(s) in the petition. The Respondent may then offer their evidence in rebuttal to the allegation(s) 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. The Court may summon and examine under penalty of perjury, unless good cause appears otherwise, the State(s) alleged to be responsible for the purported unlawful ejection of the Petitioner, and, may issue subpoenas for the sworn testimony of other relevant States or for the production of documents or other evidence.
  5. BURDEN AND STANDARD OF PROOF:
    The burden of proving the allegation(s) in the petition lies with the Petitioner. The standard of proof for final disposition of the petition and all other matters incidental thereto shall be upon the "balance of probabilities." In the absence of any supporting admissible evidence by the Petitioner being presented, the Court shall dismiss the petition without prejudice. In the presence of sufficient evidence in support of the allegation(s) in the petition, and, if the Respondent fails to respond after warning or appear entirely, judgement shall be entered by default in favor of the Petitioner without prejudice to any appeal(s) by the Respondent.
  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 10 days shall not be in order without advance leave of the Court. If the Court finds for the Petitioner, it shall issue a proper declaratory judgement regarding the unlawfulness of the ejection and issue proper injunctive relief to ensure the Petitioner may reinstate their residency in the Social Liberal Union (including, but not limited to, removal from the regional ban list) and restraining further unlawful and unwarranted ejections, serving both parties and the Minister of Immigration so they may keep accurate records.
  7. POST-JUDGEMENT PROCEEDINGS:
    Willful defiance of or repeated failure to obey the orders of this Court, by either party, may result in contempt sanctions being imposed at the request of the opposing party or at the volition of the Court, in a manner consistent with the law following a noticed hearing. If the Court has found in favor of the Petitioner in a residency reinstatement case within the preceding 60 days, the Court shall without hearing and ex parte, issue a separate decree certifying that the Petitioner was in fact a Member State as a matter of law and fact at the time it was issued, if so true, upon request to the Petitioner, the Speaker of the Union, the Minister of Immigration, or the Attorney General. If the Petitioner is not in fact a Member State, a notice informing the requestor of the inability of the Court to certify that fact at that time shall be served upon them by the Court and the Court may extend this period by and entertain such requests for an additional 30 days should the interests of justice best be served, in the opinion of the Court. Provided, no decree or notice regarding the Member State status of the Petitioner shall issue when the underlying case or petition has been vacated, suspended, or set aside.

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

Dated: 12 February 2020

Anaaxes
Chancellor
Presiding