Section 4 - Court Procedure & Management

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4.1 Overview

Court procedures form the foundation of case management. They ensure that every case, criminal or civil, is handled with consistency, fairness, and due process. Our goal is to ensure that the courtroom environment is structured, maintained, efficient, and respectful, while still fostering an engaging interaction with all.

These procedures apply to Justices, Judges, Magistrates, Prosecutors, Public Defenders, Private Attorneys, Paralegals, and court staff.

4.2 Filing a Case

All court cases begin with a proper filing submitted to the courts.

4.2A Criminal Filings

A criminal filing is submitted by the District Attorney's Office or a not guilty plea submitted by Law Enforcement.

Criminal Cases Must Include:

• Defendant's Information (First name, last name, email, phone number as required)
• Charges being applied (Must include MPC Charge Code and title)
• Arrest report (Must be submitted within 48 hours after arrest.)
• Officers involved
• A plea (Not Guilty, Guilty, No Contest(Must be submitted by the court, this plea is not accepted as an initial plea after arrest.)) DISCOVERY PERIOD:
• Evidence & Witness List
• Formal criminal complaint submitted by the District Attorney's Office

4.2B Civil Filings

A civil filing may be submitted by any member of the Department of Justice.

Civil Cases Must Include:

• A Statement of Claim submitted by the Plaintiff
• An applicable cause of action
• Relief sought from the opposing party
• Initial supporting evidence (submitted during discovery)

4.2C Administrative Cases

Administrative cases are cases that do not require an appearance in court however may be required by the presiding judge. Administrative cases include but are not limited to: Marriages, Divorces, Name Changes.

Marriage Agreements Require:

• Both parties involved legal names
• Name change request (if any)
• Two witnesses

Divorce Agreements Require:

• Marriage certificate or proof of marriage
• Petition for Dissolution of Marriage
• Proposed settlement (Distribution of assets)
• Mutual agreement (A judicial ruling can be made by the presiding judge.)

Name Changes Require:

• Maiden name
• Requested new name

4.3 Criminal Case Procedure

Criminal cases involve any misdemeanor or felony level charges.

Criminal cases are arraigned by a Justice, Judge, or magistrate.

4.3A During Arraignment:

• Defendant is informed of their rights.
• Prosecution presents initial charges submitted by law enforcement.
• Defense reserves the right to submit a plea if one was not submitted to law enforcement.
• Councel is assigned to both the prosecution and defense. (The defense has the right to reject an attorney on their behalf.)

Once council is assigned the court will move onto a bail hearing if requested otherwise it will go to Discovery.

4.3B Bail Hearing

If the defendant is being held until trial, they may request a bail hearing. A bail hearing may be heard by a Magistrate, Judge, Justice, or Chief Justice regardless if they're assigned to the case or not.

4.3C Discovery Period

Discovery ensures both sides have equal access to evidence before the trial.

• Discovery must be set within 48 hours of the court being arraigned.
• Discovery must be set to expire within 3 days (72 hours). Requests to extend discovery must be submitted and accepted by the court for this to be modified.
• All applicable conditions and requirements of Discovery can be found below.
• A criminal complaint must be submitted to the court within Discovery.
• Any plea agreements must be submitted to the court within the period of Discovery. Discovery will be automatically extended by 12 hours when a plea agreement is submitted unless the plea agreement was already agreed upon by all parties. Plea agreements require the presiding judge's signature and approval.

4.3D Pre-Trial Motions / Case Scheduling

Once Discovery expires and no plea agreement is accepted by the court, the court will move onto pre-trial motions and case scheduling.

• During this period all pre-trial motions may be submitted to the courts.
• The trial must be scheduled within 48 hours of submitting the request of times from both parties.

4.3E Trial Procedures

Trials follow a structure to ensure guranteed fairness. These procedures are required to be followed at all times.

1. Judge Introduction(s) - The presiding judge will introduce themselves following with calling court into session.
2. Recitation of Charges - The judge will introduce the case, followed by the defendant and their charges.
3. Opening Statements - Prosecution will begin, defense will follow.
4. Evidence & Witnesses - Prosecution will begin by bringing any witnesses up to the stand and then presenting evidence. The defense will follow.
5. Rebuttals / Motions - Only required if there is a request for motions.
6. Closing Arguments - The prosecution will be first, the defense will follow.
7. Sentencing - The judge will give their verdict and provide sentencing based off of the penal code.

4.3F Post Sentencing

After the verdict has been given, the presiding judge will be required to post the verdict to the court docket and close the case.

4.4 Civil Case Procedure

Civil cases are established to set liability and provide appropriate modifications of actions. Not to punish.

4.4A Filing a Civil Complaint

To file a civil complaint you will fill out a DOJ Meeting Form or contact a member of the Department of Justice.

Complaints Must Include:

• Names and contact information of all parties involved
• Statement of Facts
• A cause of action
• Initial supporting evidence
• Damages sought (Must be in compliance with our maximum suing limits)
• Initial supporting witnesses

The Defendant is required to be served a notice of the complaint within 24 hours of arraignment.

4.4B Defendant's Response

The defendant is required to submit one or more of the following:

• Response to the claim
• Motion to Dismiss
• Counterclaim (Filing claims against the Plaintiff)

Failure to respond to the claim withing 72 hours of arraignment and notification will result in a default judgement

4.4C Pre-Trial Requirements

Both parties shall:

• Exchange discovery items.
• Submit an Evidence & Witness List.
• File any pre-trial motions.

Parties must agree upon a time and date of trial before continuing. If there are conflicts, the case may be suspended by the presiding Judge until all parties can agree.

4.4D Settlement & Mediation

Civil cases do not require a trial. Parties may agree to settle at any time before trial.

Settlement Options

• Negotiation between parties / attorneys.
• Mediation overseen by a Judge. The judge must submit proof of mediation.
• Written agreements submitted within the docket.

If a settlement is reached, the case will be dismissed and closed with prejudice.

4.4E Civil Trial Procedure

1. Opening Statements

• Plaintiff first followed by defendant.

2. Plaintiff Presents Evidence

• Witnesses
• Exhibit Submissions
• Cross-exam

3. Defendant Presents Evidence

• Witnesses
• Exhibit Submissions
• Cross-exam

4. Closing Statements

• Plaintiff first followed by defendant.

5. Verdict

• The Presiding Judge will determine liability in accordance with preponderance of the evidence. ("More likely than not")

4.4F Authorized Remedies

Remedy	Definition	Example
Compensatory Damages	Monetary compensation for losses or harm in accordance with monetary guidelines. Restores the Plaintiff to the position they were in before harm.	A driver crashes into another vehicle and causes $12,500 in repair bills. The court will reward $12,500 in compensatory damages.
Punitive Damages	Awarded in cases to deter misconduct or punishes extreme / reckless bahavior.	A mechanic purposely fails to install a part they agreed to, to save money. Court awards damages.
Specific Performance	Court orders a party to fulfill a contractual obligation as a result of the verdict. Forces a party to complete a contractual agreement.	A seller agrees to sell a weapon in writing but backs out. The court orders the Defendant to sell the weapon.
Injunctions	Court can order a party to stop or continue a specified action.	Someone constantly trespasses onto a persons property. The court orders a restraining order to stop trespass.
Declatory Judgement	Court defines rights or obligations without awarding damages.	Two parties dispute who owns a jointly purchased house. The judge declares legal ownership of the house.
Restitution	Return money or property wrongfully obtained.	A business charges for services not performed. The court orders unearned payments be returned.
Equitable Relief	Fair remedy when monetary compensation isn't enough or equal.	A contract was signed under duress. The court voides the contract in the interest of fairness.

The Judge must submit the type of Civil Judgement issued as a verdict within the court docket after trial or once settled.

4.4G Civil Appeals

Civil appeals may be submitted within 72 hours of a civil court case.

Authorized Appeals

• Legal Error
• Procedural Error
• Misinterpretation of Law
• Abuse of Judicial Discretion

All appeals will be heard through the San Andreas Apellate Court.

4.4H Case Closure

A case will be closed when:

• Judgment is issued and no appeal is filed.
• The appeal process is complete.
• The parties reach and file a settlement agreement.

4.5 Procedural Guidelines

Procedural guidelines list further guidelines and procedures for criminal and civil cases.

4.5A Court Scheduling & Timelines

• All hearings must begin on-time unless delayed by the presiding judge.
• Attorneys must request continuances in writing and provide justification.
• Parties must appear 5 minutes before the scheduled hearing unless otherwise authorized by the presiding judge.
• Excessive late appearances by an attorney or judge may result in sanctions or administrative warnings.

4.5B Filing Etiquette & Documentation Standards

• All documents must be typed, clearly formatted, and properly labled. The most up-to-date template should be used when there is one provided.
• All motions must be submitted within a document that is titled [SA-####-202# - MOTION TO [HERE]]
• All evidence and exhibits must be submitted within an Exhibit & Witness List.
• All filings must be submitted within the court docket before trial unless otherwise requested during trial.

4.5C Courtroom Decorum

• Parties as well as courtroom audiences must speak respectfully at all times. Failure to do so could result in removal, contempt, or sanctions.
• Insults, personal attacks, or hostility are strictly prohibited.
• Only one person is permitted to speak at a time.
• Judges shall be addressed as "Your Honor".
• Attorneys shall be addressed as "Counsel".

4.5D Examination of Witnesses

• Attorneys must stand when examining or cross-examining witnesses.
• Witnesses must remain respectful and answer questions directly when possible.
• Leading questions are permitted on crosss-examination, but not on direct.
• Badgering, repetitive questioning, or harassment of witnesses is prohibited.

4.5E Objection Protocol / Authorized Objections

• Objections must be short, specific, and grounded in a recognized rule.
• The Court must rule within 45 seconds to an objection after the final argument has been made. Counsel may not continue until a ruling has been made.

Objection	Definition	Example
Relevance	The question or evidence doesn't relate to the case.	"What's your favorite food?"
Leading	Opposing counsel suggests the answer during direct examination.	"You seen him eating, right?"
Hearsay	Witness explains an out-of-court statement. Not confirmed by evidence or testimony in-court.	"He told me his favorite food is tacos."
Speculation	The witness is guessing / not sure of the answer.	"Why do you think that is his favorite food?"
Argumentative	Counsel is arguing with the witness or pushing them.	"Stop talking, I do not care." "You WILL eat this taco!".
Asked & Answered	Same question already has been asked.	"Do you like tacos?" "But do you really like tacos?".
Calls for Conclusion	Witness is being asked to give an opinion they aren't qualified for.	"Do you think he enjoyed eating that taco?"
Vague	Question is unclear or confusing.	"How bad did the taco wrap?"
Compound Question	Two questions in one.	"Did you finish the taco? Or eat the taco?"
Mischaracterization	Counsel twists words or facts.	"He did not eat the taco!" (He ate the taco)
Badgering the Witness	The lawyer is harassing, yelling, or pressuring a witness.	"You didn't eat that taco. You're lying aren't you?"
Assumes Facts Not in Evidence	Question includes facts not proven yet.	"Were there beans in the taco?" (No evidence suggests beans in the taco)
Privilege	Question invades attorney-client or similar privileges.	"What did your attorney tell you before trial?"

After a ruling is given, the question must resume immediately.

4.5F Evidence Handling

• All evidence must be submitted and categorized by exhibit.
• All evidence must be submitted and shown to the opposing counsel before being submitted.
• The Judge must approve an exhibit before it is considered part of the record.
• Physical or digital evidence cannot be manipulated or altered unless otherwise allowed by the court.
• Bodycam / CCTV evidence must be notated when edited once submitted within the E&W.

4.5G Presiding Judge Authority

• Limit repetitive or irrelevant arguments.
• Remove disruptive parties from the courtroom.
• Impose sanctions for procedural violations.
• Pause proceedings for clarification or review of evidence.
• Order parties to meet privately to narrow issues or discuss settlement (civil claims only.)
• Issue contempt of court.

4.5H Attorney Expectations & Responsibilities

• Be prepared with case documents and evidence.
• Know the relevant Penal Code or civil statutes.
• Notify the Court if you're unable to attend 15 minutes prior.
• Refrain from misleading the Court.
• Maintain professional attire and appearance.

4.5I Emergency or After-Hours Hearings

• Magistrates or Judges may conduct an emergency hearing (bail)
• Judges may authorized expedited filings, email hearings, or hearings outside of the courtroom.

4.5J Continuance & Delays

Granted when:

• Good cause is shown (illness, witness availability, new evidence, liberty city issues.)
• The request is not a tactic to stall proceedings.
• Both parties are notified prior to the hearing.
• When a judge issues it reasonably.

4.5K Closing Case Requirements

• All exhibits must be logged.
• Rulings must be stated within the court docket.
• Sentencing and verdicts must be submitted in writing within the court docket.
• The docket registry must be updated.