SASA Posted September 3 Share Posted September 3 STATE OF SAN ANDREAS SUPERIOR COURT Rules of Civil Procedure Table of Contents I. General Provisions Scope and Purpose Construction Commencement of Action II. Pleadings and Motions Pleadings Allowed Form of Pleadings Motions Response to Motions Amendments to Pleadings III. Service and Filing of Pleadings and Motions Service of Process Service on Employers and Government Entities Proof of Service Filing with the Court IV. Discovery Scope of Discovery Limits on Discovery Discovery Schedule Objections to Discovery V. Pre-Trial Procedures Pre-Trial Conference Pre-Trial Motions Settlement VI. Trial Right to a Jury Trial Conduct of the Trial Verdict and Judgment VII. Post-Trial Procedures Motions After Verdict Appeals VIII. Rules of Decorum and Miscellaneous Provisions Rules of Decorum Sanctions Modification of Rules Electronic Filing and Service I. General Provisions 1. Scope and Purpose These Rules of Civil Procedure govern all civil actions in the Alexandra A. Forge Superior Court, including both the State Division and the Federal Bench. The purpose of these rules is to ensure the fair, just, and efficient resolution of civil disputes. 2. Construction These rules shall be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding. 3. Commencement of Action A civil action is commenced by filing a complaint or petition with the Court Clerk. The action is considered officially filed when the complaint is entered into the court docket. II. Pleadings and Motions 1. Pleadings Allowed The pleadings in a civil case shall consist of: A complaint or petition, An answer or response, A counterclaim, if applicable, A reply to the counterclaim, Any additional pleadings as the court may permit. 2. Form of Pleadings All pleadings must include: The name of the court and division, The title of the action, The docket number, A clear and concise statement of the facts and claims, The relief sought. Each allegation in a pleading shall be simple, concise, and direct. 3. Motions A motion must: Be in writing unless made during a hearing or trial, State with particularity the grounds for seeking the order, Set out the relief or order sought. Motions must be filed with the court and served on all parties. 4. Response to Motions Opposing parties must file a response to any motion within 14 days of service unless the court orders otherwise. The response should address each point raised in the motion and provide any supporting documentation or evidence. 5. Amendments to Pleadings A party may amend its pleading once as a matter of course within 21 days after serving it, or if the pleading is one to which a responsive pleading is required, within 21 days after service of a responsive pleading. Further amendments require the court's leave, which shall be freely given when justice so requires. III. Service and Filing of Pleadings and Motions 1. Service of Process The plaintiff is responsible for serving the summons and complaint on the defendant. Service may be effected by: Personal delivery, Leaving copies at the individual’s dwelling or usual place of abode, Serving the individual’s agent authorized by appointment or by law to receive service of process. Service on Employer: If personal service cannot be effected, service may be made on the defendant's employer by delivering a copy of the summons and complaint to an officer, managing or general agent, or any other agent authorized by appointment or law to receive service of process on behalf of the employer. Service on Government Entities: When the defendant is a government entity, service may be made by delivering a copy of the summons and complaint to any officer, agent, or employee within the entity. The entity must designate one or more officers or employees to accept service on behalf of the entity. 2. Service on Employers and Government Entities Employers: Service on an employer may substitute for personal service if the defendant is employed there and personal service has been unsuccessful. The employer is then responsible for notifying the employee. Government Entities: Any officer, agent, or employee of a government entity may accept service on behalf of the entity. Service is deemed effective once the individual within the entity is served. 3. Proof of Service Proof of service must be filed with the court within 24 hours after service is effected. The proof must include: The date and manner of service, The name of the person served, The name of the person who made the service. 4. Filing with the Court All pleadings, motions, and other papers must be filed with the court. Filing may be accomplished by: Delivery to the court clerk, Electronic filing (if available), Mailing to the court (must be postmarked by the due date). IV. Discovery 1. Scope of Discovery Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense. This includes: Depositions, Interrogatories, Requests for production of documents, Requests for admissions. 2. Limits on Discovery The court may limit the frequency or extent of discovery if: The discovery sought is unreasonably cumulative or duplicative, The party seeking discovery has had ample opportunity to obtain the information by discovery in the action, The burden or expense of the proposed discovery outweighs its likely benefit. 3. Discovery Schedule Parties must confer to plan the discovery process and submit a proposed discovery plan to the court within 14 days of the initial conference. The court will issue a scheduling order setting the deadlines for completing discovery. 4. Objections to Discovery A party may object to a discovery request by filing a written objection with the court and serving it on the requesting party. The objection must: State the specific grounds for the objection, Be filed within 14 days of receiving the discovery request. V. Pre-Trial Procedures 1. Pre-Trial Conference The court may schedule a pre-trial conference to: Discuss settlement possibilities, Simplify the issues, Establish a timeline for pre-trial motions and discovery completion, Address any other matters that may aid in the disposition of the action. 2. Pre-Trial Motions Any party may file pre-trial motions, including: Motion for Summary Judgment, Motion to Dismiss, Motion to Suppress Evidence, Motion for Sanctions. Pre-trial motions must be filed by the deadlines established in the court's scheduling order. 3. Settlement Parties are encouraged to settle disputes before trial. If a settlement is reached, the parties must notify the court, and the case will be dismissed or resolved according to the settlement terms. VI. Trial 1. Right to a Jury Trial A party may demand a jury trial by serving the other parties with a written demand at least 14 days before the trial date. Failure to demand a jury trial constitutes a waiver of the right to a jury. 2. Conduct of the Trial The trial shall be conducted in accordance with the rules of evidence and procedure. Each party has the right to: Call witnesses, Present evidence, Cross-examine witnesses, Make objections to evidence and testimony. 3. Verdict and Judgment The jury, or the judge in a bench trial, will deliver a verdict based on the evidence presented. The court will enter judgment based on the verdict or decision. VII. Post-Trial Procedures 1. Motions After Verdict A party may file post-trial motions, including: Motion for Judgment Notwithstanding the Verdict, Motion for a New Trial, Motion to Alter or Amend the Judgment. Post-trial motions must be filed within 28 days after the entry of judgment. 2. Appeals A notice of appeal must be filed within 30 days after the entry of judgment or the order being appealed. The appeal must specify the party taking the appeal, the judgment or order appealed from, and the court to which the appeal is taken. VIII. Rules of Decorum and Miscellaneous Provisions 1. Rules of Decorum Courtroom Etiquette: All parties, including attorneys, witnesses, and spectators, must stand when the judge enters or leaves the courtroom. Address the judge as "Your Honor" and other parties respectfully. All mobile devices must be turned off or set to silent mode. No eating, drinking, or chewing gum is allowed in the courtroom. Spectators must remain silent and refrain from any disruptions, such as speaking out of turn, making noises, or showing reactions to testimony or rulings. Dress Code: Attorneys and parties must dress in professional attire suitable for a courtroom setting. Casual clothing such as shorts, tank tops, and flip-flops are not permitted. Hats or head coverings are not allowed, except for religious reasons. Behavioral Expectations: Attorneys must be punctual and prepared for all court appearances, respecting the court's time and schedule. Interruptions during testimony or arguments are prohibited unless raising an objection, which must be made succinctly and respectfully. Arguments between attorneys should be avoided. All statements must be directed to the court, not to opposing counsel or witnesses. Communication with the Court: All communication with the court must be through formal filings or during scheduled hearings. Ex parte communication (communication with the judge without the presence of the other party) is strictly prohibited unless permitted by law. Requests for extensions or other accommodations must be made formally through motions, not via informal requests or emails to court staff. Media and Public Access: The court may permit or restrict media access based on the sensitivity of the case, the privacy of parties, and the maintenance of order. Media must request permission before recording or photographing any proceedings. Public access to the courtroom is generally allowed, but the court may limit attendance to maintain order or protect the interests of justice. 2. Sanctions The court may impose sanctions on any party, attorney, or other participants for: Failure to comply with these rules or any court order. Conduct that disrupts or delays the court proceedings. Filing frivolous or bad faith motions or pleadings. Sanctions may include: Fines payable to the court. Dismissal of the offending party’s claim or defense. Contempt of court, which may include additional penalties such as jail time for severe breaches of decorum or court orders. 3. Modification of Rules The court reserves the right to modify or suspend any of these rules in the interest of justice for a particular case. Such modifications will be communicated to all parties in a formal order from the court. 4. Electronic Filing and Service Electronic Filing: Where available, electronic filing of pleadings, motions, and other documents is encouraged and may be required by the court. Documents filed electronically must comply with the same standards as traditional filings. Electronic filings must be completed by 11:59 PM on the due date to be considered timely. Electronic Service: Parties may serve documents electronically to opposing counsel or parties if the receiving party consents to electronic service. Proof of service must include the date and method of electronic service. Access to Electronic Filings: Parties and their attorneys have the right to access court records electronically, provided they comply with court rules and any confidentiality agreements in place. Effective Date These Rules of Civil Procedure, including the Rules of Decorum and Miscellaneous Provisions, are effective as of this date, January 7th, 1991 and apply to all civil cases filed thereafter in the Alexandra A. Forge Superior Court. Chief Justice, Alexandra A. Forge Quote Link to comment Share on other sites More sharing options...
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