SASA Posted September 3 Share Posted September 3 Alexandra A. Forge Superior Court State of San Andreas Rules of Criminal Procedure Table of Contents I. General Provisions Scope and Purpose Construction Commencement of Criminal Action Applicability of Rules II. Initial Proceedings Arrest and Booking Initial Appearance Right to Counsel Arraignment Bail and Conditions of Release Preliminary Hearings III. Pleadings and Motions Pleadings Allowed Bill of Particulars Pre-Trial Motions Response to Motions Amendments to Pleadings IV. Discovery Scope of Discovery Discovery Obligations of the Prosecution Discovery Obligations of the Defense Reciprocal Discovery Protective Orders Discovery Schedule Objections to Discovery Sanctions for Discovery Violations V. Pre-Trial Procedures Pre-Trial Conference Plea Bargaining Motions in Limine Severance of Charges or Defendants Continuances VI. Trial Right to a Jury Trial Jury Selection Conduct of the Trial Opening Statements Presentation of Evidence Witnesses and Testimony Cross-Examination Expert Witnesses Jury Instructions Closing Arguments Verdict VII. Sentencing and Post-Trial Procedures Sentencing Sentencing Hearings Presentence Investigations and Reports Factors Considered in Sentencing Sentencing Guidelines Motions After Verdict Appeals VIII. Rules of Decorum and Miscellaneous Provisions Rules of Decorum Conduct of Attorneys Sanctions Contempt of Court Modification of Rules Electronic Filing and Service Public Access to Court Records Sealing of Records I. General Provisions 1. Scope and Purpose These Rules of Criminal Procedure govern all criminal 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 criminal cases, protect the rights of the accused, and uphold the integrity of the judicial process. 2. Construction These rules shall be construed and administered to secure the just, speedy, and inexpensive determination of every criminal action and proceeding, in accordance with the Constitution of the State of San Andreas and applicable federal laws. 3. Commencement of Criminal Action A criminal action is commenced by filing a complaint, indictment, or information with the Court Clerk. The action is considered officially filed when the charging document is entered into the court docket. All arraignments shall be filed within the Criminal Cases docket within 72 hours of arrest. A determination of probable cause must be made at the time of arrest. An investigative hold may exist for no longer than 2 hours without a formal determination of probable cause supporting arrest. A constitutional violation may occur if law enforcement delays the hearing for an improper reason, such as gathering evidence to support probable cause that had not yet been established before the expiration of the 2 hour hold law. The unlawful execution of a 2 hour hold without articulable reasonable suspicion or probable cause, used as a tactic to suppress or accost a citizens rights, shall be a violation of Title 18, Section 242 of the United States Code (U.S.C.) and shall waive all claims to Qualified Immunity within the State of San Andreas. 4. Applicability of Rules These rules apply to all stages of criminal proceedings in the Alexandra A. Forge Superior Court, including time of arrest, pre-trial, trial, sentencing, and post-trial processes. They shall apply equally to all cases, whether brought by the State of San Andreas or Federal authorities. II. Initial Proceedings 1. Arrest and Booking Arrest Procedures: Upon probable cause, a law enforcement officer may arrest an individual without a warrant. A warrant must be obtained for arrests in situations where probable cause must be established before a judge. Should the officer ask investigative questions beyond the purpose of individual identification or medical status, the arresting officer must inform the arrestee of their rights (Miranda rights) at the time of arrest, including the right to remain silent and the right to an attorney. Should an officer fail to notify an individual of their rights prior to investigative questioning, any resulting evidence or testimony shall be subject to suppression and shall not be used against the arrestee. Booking: After arrest, the individual must be booked at a police station or detention facility, where they will be photographed, fingerprinted, and personal information will be recorded. The arrestee’s belongings will be inventoried, and they will be allowed to contact an attorney or a family member within a reasonable amount of time as a conclusion of the booking process. 2. Initial Appearance Timing: The defendant must be brought before a judge without unnecessary delay, typically within 48 hours of arrest, excluding weekends and holidays. Procedure: At the initial appearance, the judge will: Verify the identity of the defendant. Inform the defendant of the charges and potential penalties. Advise the defendant of their rights, including the right to counsel and the right to remain silent. Determine whether the defendant qualifies for a court-appointed attorney based on financial need. Consider the issue of bail and conditions of release. 3. Right to Counsel Appointment of Counsel: If the defendant cannot afford an attorney, the court will appoint a public defender to represent them. The appointment of counsel must occur at the earliest possible stage, including during the initial appearance. Waiver of Counsel: A defendant may waive the right to counsel and represent themselves, but the court must ensure that the waiver is made knowingly, voluntarily, and intelligently. 4. Arraignment Timing and Notice: The arraignment shall occur promptly after the initial appearance or the filing of formal charges. The defendant must receive adequate notice of the arraignment. Procedure: The judge will formally read the charges against the defendant. The defendant will enter a plea (Guilty, Not Guilty, or No Contest). The court will review bail conditions and set a trial date. 5. Bail and Conditions of Release Bail Determination: The court will determine bail based on factors including the nature and severity of the charges, the defendant’s criminal history, flight risk, and ties to the community. The court may deny bail for certain serious offenses or where the defendant poses a significant threat to public safety. Conditions of Release: Conditions may include restrictions on travel, mandatory check-ins with law enforcement, surrender of passports, or electronic monitoring. Violation of bail conditions may result in revocation of bail and re-arrest. 6. Preliminary Hearings Purpose: A preliminary hearing is held to determine whether there is sufficient evidence to proceed to trial. It is typically held within 14 days of the defendant’s initial appearance if the defendant is in custody, or within 21 days if the defendant is not in custody. Procedure: The prosecution must present evidence to establish probable cause that the defendant committed the offense charged. The defense may cross-examine witnesses and present evidence, but the burden of proof lies with the prosecution. If the court finds probable cause, the case proceeds to trial; if not, the charges may be dismissed. III. Pleadings and Motions 1. Pleadings Allowed Indictment, Information, or Complaint: The prosecution must file an indictment (for felony charges) or an information or complaint (for misdemeanor charges) to formally charge the defendant. Defendant’s Plea: The defendant must enter a plea of Guilty, Not Guilty, or No Contest by way of Magistrate Call at the time of booking. The court will ensure the plea is made voluntarily and with an understanding of the charges. The arresting officer must clearly announce all charges and the total aggregate maximum sentence to the arrestee. The arresting officer may not divulge in any discussions that may be seen as providing legal advice or leniency. An arrestee may choose to waive their right to a defense by way of a Guilty Plea. Once a guilty Plea has been entered, it is irrevocable. An arrestee may choose to plead Not Guilty, in which they will be entitled to arraignment within 72 hours of the Magistrates Call An arrestee may choose to plead No Contest, in which they will serve the statutory minimum sentence and will be allowed to address any legal consequences (License Revocation, Seizures, etc.) at a later time. ((Pleadings are conducted within the DOC Intake Discord - All officers should be well versed in Community Policy and how to intake a pleading, procedures for Guilty, Not Guilty, and No Contest, etc..)) 2. Bill of Particulars Definition: A defendant may request a bill of particulars if the charges in the indictment, information, or complaint are not specific enough to prepare a defense. Request and Response: The defendant must file a motion for a bill of particulars, specifying the deficiencies in the charging document. The prosecution must respond within a timeframe set by the court, providing the requested details. This may include information the subject is entitled to constitutionally such as affidavits of approved warrants, witness or informant testimony, etcetera. 3. Pre-Trial Motions Prosecutorial Pre-Trial motions must be filed within 12 hours of arraignment. Any responses from the defense must be filed within 24 hours of Trial. Types of Motions: Motion to Dismiss: A request to dismiss the charges based on legal insufficiency, violation of rights, or other grounds. Motion to Suppress Evidence: A request to exclude evidence obtained in violation of the defendant’s constitutional rights (e.g., illegal search and seizure). Motion for Change of Venue: A request to move the trial to a different location due to potential bias or prejudice in the current venue. Motion for Discovery: A request to obtain evidence or information from the prosecution. 4. Response to Motions Filing and Timing: Opposing parties must file a response to any pre-trial motion within 24 hours of service unless the court orders otherwise. The response should address each argument and provide supporting documentation. 5. Amendments to Pleadings Prosecution Amendments: The prosecution may amend the indictment or information with the court’s permission. Amendments must be made before the trial begins unless the court allows otherwise for good cause. Defense Amendments: The defense may amend its pleadings, such as motions or defenses, with the court’s permission. The court may allow amendments if justice so requires. IV. Discovery 1. Scope of Discovery Definition: Discovery refers to the process by which the prosecution and defense exchange evidence and information relevant to the case. Permitted Discovery: Discovery may include witness lists, police reports, forensic evidence, video recordings, statements made by the defendant, and any exculpatory evidence. 2. Discovery Obligations of the Prosecution Disclosure of Evidence: The prosecution is required to disclose all evidence that may be favorable to the defendant, including exculpatory evidence, evidence that could impeach a prosecution witness, and any evidence relevant to the defendant’s guilt or innocence (Brady material). The prosecution must also disclose all evidence it intends to use at trial, including witness lists, expert reports, and physical evidence. Timeliness: The prosecution must disclose evidence as soon as practicable and within the deadlines set by the court's discovery schedule. Failure to disclose evidence in a timely manner may result in sanctions or exclusion of the evidence at trial. 3. Discovery Obligations of the Defense Disclosure of Evidence: The defense must disclose any evidence it intends to introduce at trial, including witness lists, expert reports, and physical evidence. This obligation is reciprocal to the prosecution's discovery obligations. Defendant’s Statements: If the defense intends to introduce any statements made by the defendant, such as confessions or admissions, these must be disclosed to the prosecution. Notice of Defenses: The defense must provide notice of any affirmative defenses it intends to raise, such as insanity, alibi, or self-defense, along with supporting evidence and witness lists. 4. Reciprocal Discovery Reciprocal Obligations: Both the prosecution and defense have reciprocal discovery obligations, meaning each party must disclose evidence to the other. This ensures that both sides have access to the evidence necessary to prepare their cases. Supplemental Discovery: If either party discovers additional evidence after the initial discovery exchange, they must promptly disclose this evidence to the other party. This obligation continues throughout the trial. 5. Protective Orders Request for Protective Order: Either party may request a protective order to restrict the disclosure of certain evidence. The requesting party must demonstrate that disclosure would result in harm, such as endangering a witness, compromising an ongoing investigation, or violating privacy rights. Court’s Decision: The court may grant a protective order to limit or deny disclosure, or it may allow disclosure under specific conditions, such as redacting sensitive information or conducting in-camera reviews (private reviews by the judge). 6. Discovery Schedule Scheduling Order: The court will issue a scheduling order that sets deadlines for completing discovery, filing motions, and preparing for trial. The discovery schedule must be adhered to unless modified by the court for good cause. Discovery Conference: The court may hold a discovery conference with the prosecution and defense to discuss the scope of discovery, set deadlines, and address any potential disputes. This conference ensures that discovery proceeds efficiently and without unnecessary delays. 7. Objections to Discovery Filing Objections: A party may object to a discovery request by filing a written objection with the court and serving it on the requesting party. Objections must be specific and based on valid grounds, such as privilege, irrelevance, or undue burden. Resolution of Disputes: The court will rule on discovery objections after considering arguments from both parties. The court may sustain, overrule, or modify the objection, or order a hearing to resolve the dispute. 8. Sanctions for Discovery Violations Types of Sanctions: The court may impose sanctions for discovery violations, including but not limited to: Excluding evidence that was not disclosed, Dismissing charges or defenses, Imposing fines or costs on the offending party, Holding the offending party in contempt of court. Purpose of Sanctions: Sanctions are intended to ensure compliance with discovery rules, prevent unfair surprise at trial, and promote the fair administration of justice. V. Pre-Trial Procedures 1. Pre-Trial Conference Purpose: The pre-trial conference serves to streamline the issues for trial, discuss the possibility of settlement or plea bargaining, and resolve any pre-trial motions. It is a key step in ensuring that the trial proceeds efficiently and fairly. Participants: The pre-trial conference is typically attended by the judge, the prosecution, the defense, and any necessary court personnel. The defendant may also be required to attend. Agenda: Topics discussed at the pre-trial conference may include: The status of discovery, Pending pre-trial motions, Scheduling and timing issues, Jury selection procedures, Potential stipulations of fact, Any other matters that may aid in the resolution of the case. 2. Plea Bargaining Definition and Purpose: Plea bargaining involves negotiations between the prosecution and defense where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial. Judicial Review: Any plea agreement must be presented to the court for approval. The judge will review the terms of the agreement to ensure that it is fair, voluntary, and consistent with the interests of justice. Timing of Plea Bargains: Plea negotiations may occur at any time before the trial, but the court may set a deadline for plea bargains to be finalized before trial preparations begin. 3. Motions in Limine Purpose: Motions in limine are pre-trial motions filed to request that certain evidence be deemed inadmissible or to prevent specific issues from being mentioned during the trial. These motions help avoid prejudicing the jury with inadmissible or inflammatory material. Timing: Motions in limine should be filed before the trial begins, typically during the pre-trial conference. The court may rule on these motions before or during the trial as needed. 4. Severance of Charges or Defendants Severance of Charges: A defendant may request that charges be severed if they are improperly joined or if trying them together would be prejudicial. For example, if multiple unrelated offenses are charged in the same case, the defendant may request separate trials. Severance of Defendants: If multiple defendants are charged in the same case, one or more defendants may request separate trials if their defenses are antagonistic or if a joint trial would result in unfair prejudice. Court’s Discretion: The court will decide whether to grant severance based on factors such as the complexity of the case, the potential for jury confusion, and the rights of the defendants. 5. Continuances Definition and Purpose: A continuance is a request to postpone a court proceeding to a later date. Continuances may be requested by either party for various reasons, such as the unavailability of a witness, the need for additional time to prepare, or a scheduling conflict. Filing and Timing: A motion for a continuance must be filed as soon as the need for the continuance becomes apparent. The motion should state the reason for the continuance and the length of the delay requested. Court’s Consideration: The court will consider the reasons for the continuance, the impact on the parties, and the interests of justice. The court may grant or deny the motion based on these factors. VI. Trial 1. Right to a Jury Trial Constitutional Right: The defendant has the constitutional right to a trial by jury in criminal cases. This right can be waived by the defendant in favor of a bench trial, where the judge acts as the fact-finder. A Jury Trial may only be requested in cases that involve sentencing of 21 years or more, including but not limited to Capital crimes. Waiver of Jury Trial: To waive a jury trial, the defendant must do so knowingly, voluntarily, and in writing. The court must ensure that the waiver is made with a full understanding of the consequences. 2. Jury Selection Voir Dire: Voir dire is the process of questioning potential jurors to determine their suitability to serve on the jury. Both the prosecution and defense have the right to question jurors and may challenge potential jurors for cause or through peremptory challenges. Questioning must begin and end within 24 hours of the right to a Jury being exercised. Challenges for Cause: A challenge for cause is a request to dismiss a potential juror due to bias, prejudice, or inability to serve impartially. There is no limit to the number of challenges for cause so long as they are conducted within the 24 hour Jury purge window. 3. Conduct of the Trial Opening Statements: Each party has the opportunity to make an opening statement at the beginning of the trial. The opening statement provides an overview of the case, the evidence to be presented, and the legal issues involved. Presentation of Evidence: The prosecution presents its case first, followed by the defense. Each side may present witnesses, documents, and other evidence to support their case. Witnesses and Testimony: Witnesses are called to testify under oath. Direct examination is conducted by the party who called the witness, followed by cross-examination by the opposing party. Redirect and recross examination may follow as needed. 4. Cross-Examination Right to Cross-Examine: The defense has the constitutional right to cross-examine all witnesses presented by the prosecution. Cross-examination allows the defense to challenge the credibility, reliability, and truthfulness of the witness's testimony. Scope of Cross-Examination: Cross-examination is generally limited to the subjects covered during direct examination, but the court may allow broader questioning at its discretion. The purpose is to test the witness's memory, perception, and bias. 5. Expert Witnesses Qualification of Experts: An expert witness is a person with specialized knowledge, skills, experience, training, or education that qualifies them to provide opinions on specific technical or scientific matters. Before an expert witness can testify, the court must qualify them as an expert in their field. Presentation of Expert Testimony: Expert witnesses may offer opinions based on the facts presented at trial or hypotheticals posed by the attorneys. The expert’s testimony must be relevant and based on reliable methods and principles within their field. Challenging Expert Testimony: The opposing party may challenge the admissibility of expert testimony through a pre-trial motion in limine or during trial by cross-examining the expert on their qualifications, methods, and conclusions. 6. Jury Instructions Purpose of Jury Instructions: Before deliberation, the judge provides the jury with instructions on the law that applies to the case. These instructions guide the jury in determining whether the prosecution has met its burden of proof beyond a reasonable doubt. Preparation of Instructions: Both the prosecution and defense may submit proposed jury instructions for the judge’s consideration. The judge will then provide the final instructions to the jury. Content of Instructions: Jury instructions include explanations of the legal standards that apply to the charges, the elements of each offense, the burden of proof, and the definition of reasonable doubt. The judge may also instruct the jury on how to evaluate the credibility of witnesses and the weight of evidence. 7. Closing Arguments Structure of Closing Arguments: After all evidence has been presented, each party has the opportunity to make a closing argument. The prosecution typically goes first, followed by the defense. The prosecution may offer a rebuttal after the defense's closing argument. Purpose: Closing arguments allow both sides to summarize their case, highlight key evidence, and persuade the jury to reach a verdict in their favor. Attorneys may discuss the evidence, suggest inferences, and argue the application of the law to the facts. Limitations: While attorneys have wide latitude in closing arguments, they must not misstate the law, refer to evidence not presented at trial, or make improper appeals to emotion or prejudice. 8. Verdict Jury Deliberation: After receiving instructions from the judge, the jury retires to deliberate in private. The jury’s deliberations are confidential, and jurors are expected to discuss the case only among themselves. Unanimous Verdict: In criminal cases, the jury’s verdict must be unanimous. All jurors must agree on whether the defendant is guilty or not guilty of each charge. If the jury cannot reach a unanimous decision, the judge may declare a mistrial, and the case may be retried. Delivery of Verdict: Once the jury reaches a verdict, it is delivered to the court in open session. The judge will ask the jury foreperson to state the verdict on each charge. The defendant and both attorneys must be present for the delivery of the verdict. Post-Verdict Motions: After the verdict, the defense may file motions, such as a motion for a new trial or a motion for judgment notwithstanding the verdict, if there are grounds to believe that legal errors affected the outcome. VII. Sentencing and Post-Trial Procedures 1. Sentencing Sentencing Process: If the defendant is found guilty, sentencing typically occurs after a presentence investigation. The judge will determine the appropriate sentence based on statutory guidelines, the severity of the offense, the defendant’s criminal history, and any mitigating or aggravating factors. Factors Considered in Sentencing: Aggravating Factors: Include the use of a weapon, the vulnerability of the victim, prior convictions, or committing the offense while on probation or parole. Mitigating Factors: Include lack of prior criminal history, the defendant's role in the crime, remorse, cooperation with authorities, or evidence of rehabilitation efforts. Types of Sentences: Sentences may include imprisonment, fines, probation, community service, restitution to victims, or a combination of these. The judge may also impose conditions such as mandatory counseling or substance abuse treatment. Sentencing Guidelines: The court will follow sentencing guidelines established by the state or federal law, but judges may deviate from these guidelines if there are compelling reasons to do so. Any deviation must be explained on the record. 2. Sentencing Hearings Purpose: A sentencing hearing allows both the prosecution and defense to present evidence and arguments regarding the appropriate sentence. Victims may also have the opportunity to provide impact statements. Procedure: The prosecution typically presents its recommendations first, followed by the defense. The defendant has the right to address the court and make a statement before sentencing is imposed. Judicial Discretion: The judge has broad discretion in determining the sentence, within the bounds of the law and applicable guidelines. The judge must consider the interests of justice, the protection of the public, and the rehabilitation of the defendant. 3. Presentence Investigations and Reports Presentence Investigation: A presentence investigation (PSI) is conducted by a probation officer or other court-appointed official. The PSI includes an interview with the defendant, review of the defendant’s criminal history, and assessment of the defendant’s personal and social background. Presentence Report: The PSI culminates in a presentence report, which provides the judge with detailed information about the defendant’s background, the circumstances of the offense, and recommendations for sentencing. Both the prosecution and defense typically receive copies of the report. 4. Motions After Verdict Motion for a New Trial: The defense may file a motion for a new trial based on newly discovered evidence, juror misconduct, or legal errors that occurred during the trial. The motion must be filed within a specified timeframe after the verdict. Motion for Judgment of Acquittal: The defense may file a motion for judgment of acquittal if it believes the evidence presented at trial was insufficient to support a conviction. This motion is typically filed before the jury deliberates but may be renewed after a guilty verdict. Motion to Modify or Vacate Sentence: The defendant may file a motion to modify or vacate the sentence if there are grounds to believe that the sentence was imposed in violation of the law, was excessive, or was based on erroneous information. 5. Appeals Notice of Appeal: A notice of appeal must be filed within 30 days after the entry of judgment, or the order being appealed. The notice must specify the party taking the appeal, the judgment or order appealed from, and the court to which the appeal is taken. Grounds for Appeal: Common grounds for appeal include legal errors during the trial, insufficient evidence to support a conviction, improper jury instructions, or sentencing errors. Appellate Procedure: The appellate court will review the record of the trial court proceedings, including transcripts, evidence, and briefs submitted by the parties. The appellate court may affirm, reverse, modify, or remand the case for further proceedings. Stay of Execution: The defendant may request a stay of execution of the sentence pending appeal. The court may grant or deny the stay based on the likelihood of success on appeal and the risk to public safety. VIII. Rules of Decorum and Miscellaneous Provisions (Continued) 2. Conduct of Attorneys (Continued) Advocacy: Attorneys are expected to advocate zealously on behalf of their clients while respecting the legal process and the rights of all parties involved. This includes refraining from making frivolous arguments, misrepresenting facts, or engaging in conduct that undermines the integrity of the court. Objections: When making objections during trial, attorneys must do so clearly and respectfully, stating the specific legal grounds for the objection. The judge will then rule on the objection, and attorneys must respect and adhere to the court's decision. Interactions with Opposing Counsel: Attorneys must treat opposing counsel with respect and professionalism, refraining from personal attacks or hostile behavior. Disagreements should be addressed through legal arguments, not personal disputes. Sanctions for Misconduct: Attorneys who engage in unethical or unprofessional conduct may be subject to sanctions by the court, including fines, contempt charges, or referral to the state bar for disciplinary action. 3. Sanctions Grounds for Sanctions: The court may impose sanctions on any party, attorney, or other participant who violates court rules, disrupts the proceedings, or engages in conduct that is deemed inappropriate or prejudicial to the administration of justice. Types of Sanctions: Sanctions may include: Monetary Fines: Fines payable to the court for violations of rules or orders. Exclusion of Evidence: The court may exclude evidence that was not properly disclosed or obtained in violation of legal standards. Dismissal of Charges or Defenses: In extreme cases, the court may dismiss charges against a defendant or strike a defense if there has been egregious misconduct. Contempt of Court: Individuals who disobey court orders, show disrespect to the court, or engage in disruptive behavior may be held in contempt, which can result in fines, imprisonment, or other penalties. Procedure for Imposing Sanctions: The court will typically provide notice to the offending party and an opportunity to be heard before imposing sanctions. In cases of serious misconduct, the court may conduct a hearing to determine the appropriate sanctions. 4. Contempt of Court Definition of Contempt: Contempt of court refers to behavior that disrespects or disobeys the authority, justice, and dignity of the court. Contempt can be classified as either civil or criminal, depending on the nature of the offense and the court's response. Types of Contempt: Civil Contempt: Typically involves the failure to comply with a court order, such as failing to pay child support or refusing to comply with a subpoena. The purpose of civil contempt is to compel compliance with the court’s order. Criminal Contempt: Involves actions that directly challenge the authority of the court, such as disruptive behavior in the courtroom, disobeying a direct order from the judge, or interfering with the judicial process. Criminal contempt is punitive and may result in fines or imprisonment. Process for Contempt Proceedings: The court may initiate contempt proceedings on its own motion or at the request of a party. The individual accused of contempt is entitled to notice of the charges and an opportunity to be heard. The court will conduct a hearing and, if contempt is found, impose appropriate penalties. 5. Modification of Rules Judicial Discretion: 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 made by formal order and communicated to all parties involved. Application of Modifications: Modifications to the rules may be applied to accommodate special circumstances, such as complex cases, cases involving minors, or cases requiring heightened security. Any party may request a modification of the rules by filing a motion with the court. 6. Electronic Filing and Service Electronic Filing: Where available, electronic filing of pleadings, motions, and other court documents is encouraged and may be required by the court. Electronic filing systems must be secure and accessible to all parties. Filings must comply with all formatting and procedural requirements as traditional paper filings. Service of Documents: Parties may serve documents electronically if the receiving party consents. Proof of service must include the date, time, and method of electronic service. Electronic service is considered complete when the document is transmitted, unless the sender receives a notification of failed delivery. Access to Electronic Filings: Parties and their attorneys may access electronic filings through the court’s electronic case management system. Access may be restricted for sealed or confidential documents, and proper security measures must be in place to protect sensitive information. 7. Public Access to Court Records General Access: Court records are generally public and accessible to anyone unless restricted by law or court order. This includes pleadings, motions, orders, judgments, and other documents filed in a case. Restricted Access: Certain records may be restricted from public access to protect privacy, sensitive information, or the interests of justice. This includes cases involving minors, victims of certain crimes, and confidential settlement agreements. Requesting Access: Members of the public may request access to court records through the court clerk’s office or the court’s electronic case management system. Fees may apply for copies of records or extensive searches. 8. Sealing of Records Motion to Seal: A party may file a motion to seal certain records to protect privacy, proprietary information, or other sensitive matters. The motion must clearly state the reasons for sealing the records and the specific records to be sealed. Court’s Discretion: The court will consider the motion to seal and balance the interests of privacy with the public’s right to access court records. The court may grant the motion in full, deny it, or order partial sealing with redactions. Effect of Sealing: Sealed records are not accessible to the public or unauthorized parties. Access to sealed records is limited to the court, the parties involved, and their attorneys, unless the court orders otherwise. Effective Date These Rules of Criminal Procedure are effective as of February 11th, 1995 and apply to all criminal cases filed thereafter in the Alexandra A. Forge Superior Court. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.