Kevin Gladstone
Interim Judge Tománnach Citizen
Posts: 498
(5/2/05 14:00)
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Procedure for opening a case
PROCEDURAL RULES OF THE HIGH COURT
Jurisdiction
Any individual or legal entity is entitled to access to Tomannach justice to enforce rights and to redress wrongs. Access is available to both Tomannach and non-Tomannach entities. Non-Tomannach entities bringing any case before the High Court must however establish some relationship between their case and the jurisdiction of the High Court.
Petition
The plaintiff (person seeking to open a case) must lodge a petition with the Court. The petition must state the following:
a) the name and any official positions of the plaintiff,
b) the name and any official positions of the respondent (the counterparty),
c) details of the claim or complaint being made,
d) evidence supporting the claim or complaint. This can refer to documents, statements or any other actions on the part of the parties involved or third parties.
Once the petition has been lodged with the Court, a Justice will review the contents and within 72 hours will either dismiss the petition together with stated legal reasons or accept the petition.
Hearing
If a petition is accepted, the Court will within 48 hours set a date for the hearing of the case. The date for the hearing must be scheduled within a two week period of the acceptance of the petition.
Once the date for the Court hearing has been fixed, the respondent shall be given a seven day period in which to file an answer to the petition. Should the respondent fail to file a reply the Court shall be entitled to find in favour of the plaintiff and make any award as it sees fit.
If a reply is filed by the respondent with the Court, the Justice shall direct the commencement of the hearing.
Miscellaneous
Representation: The parties to a case may represent themselves in person or authorise a third party to act on their behalf.
Perjury: All statements made in court shall be deemed to be made truthfully and in good faith. If it subsequently emerges that a false statement was knowingly made by any party to proceedings, that party will be guilty of perjury.
Official language: All proceedings in the Court and all evidence produced before it shall be in English.
Kevin Ewart Gladstone
High Court Justice
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