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Plaintiff v. Defendant Case Number: YY-XNNN Prepared by: Attorney Name NOTICE OF APPEAL _______________________________________________ This notice of appeal should be filed with the lower court prior to filing a brief. 1. Are you the Plaintiff or Defendant? (Check one) [ ] Plaintiff [ ] Defendant 2. Which parts of this ruling are you intending to appeal? (Check one or more) [ ] Verdict or Disposition [ ] Civil Award or Criminal Sentence _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

Appellee v. Appellant Case Number: YY-XNNN Prepared by: Attorney Name AFFIDAVIT FOR [APPELLANT/APPELLEE] _______________________________________________ Answer the questions posed by the Judges in this area, with each question bolded and the answers provided in sections. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

Appellant v. Appellee Case Number: YY-XNNN Prepared by: Name of Attorney APPELLATE BRIEF FOR [APPELLANT/APPELLEE] _______________________________________________ Argument 1. Appellant: Describe the grounds for this appeal, and why this appeal is allowed. 2. Both parties: Describe the argument you have on appeal. Appellee may also describe why this appeal is not allowed. 3. Continue sequential numbering and lay out your argument piece by piece. ... Authorities 1. Case Title Here - If you are referencing any additional case law above, please list each case here. 2. Continue the list... _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

San Andreas Court of Appeals Filing an Appeal An appeal can be filed when there are questions of law arising from the decision of a lower court. Appeals are not an opportunity to re-try the facts of a case - the lower court is a fact-finder with original jurisdiction over such cases. The Court of Appeals hears cases where a party has grounds for appeal, or a legal right to appeal and be heard. These can be situations of judicial abuse, or an argument that certain evidence should have been allowed, or perhaps a judge has applied the law incorrectly leading to a wrongful decision. The Standards of Appellate Review can be helpful in determining if grounds for appeal are present. Instructions for Filing an Appeal Notify the lower court with a Notice of Appeal. Wait for a docket number for the appeal to be assigned by a member of court staff. File an Appellate Brief (for Appellant) under the assigned docket number (( Post a topic in this section )) A three-judge panel will oversee each appeal, with one acting as chairperson over the hearing. Procedure for Appellate Cases Submission of Briefs Once a case is accepted for hearing on appeal, both sides may submit an Appellate Brief describing their arguments. The court will review whether or not there are grounds for appeal present and, if such grounds do not exist, the case will be dismissed. Otherwise, the case will proceed to the Hearing Phase. In this phase, each party may introduce various questions of law to be answered by the court, and must explain why the Appeals Court has jurisdiction to answer such questions. Information about this can be found in the Standards of Appellate Review. Using the questions, the scope of the appeal will be determined. If it is subject to de novo review, then facts may be re-examined using the process defined by Civil Procedure or Criminal Procedure (respectively). Hearing During this phase of the appeal, the judges will ask each party a series of questions when trying to explore the questions of law. Each party should do their best to answer the questions. Answers to the judges should be filed as an Affidavit for the respective side. (( For OOC purposes, parties in this phase are not required to be experts in legal precedents or to make perfect arguments - Judges will do a lot of this type of debating behind the scenes in an attempt to determine who has the best legal argument. )) Decision Phase In this phase, the three judge panel will determine an outcome of the appeal by answering the questions identified previously. Some of the possible outcomes at this step are: - Decision Upheld: The trial court decision can be upheld. - Decision Reversed: The trial court decision can be reversed, and a new verdict entered. - Decision Modified: The trial court decision can be modified, such as changing the award amounts. - Decision Vacated: The trial court decision can be vacated, removing its effect entirely. This sometimes comes with a grant for a new trial. After this step, the losing party may submit their intention to appeal the verdict to the Supreme Court of San Andreas, which must be done by filing a Petition for Writ of Certiorari.

People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name RECORD OF DEPOSITION Witness Name: Name of Witness Date and Time of Deposition: DD/MMM/YYYY HH:mm _______________________________________________ Question: Question and context stated by the person taking deposition... Answer: Full, unabridged answer given by the witness. ... _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

Plaintiff v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name AFFIDAVIT FOR [PLAINTIFF/DEFENDANT] _______________________________________________ Narrative here, including references to evidence and witnesses. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

Plaintiff v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name [NAME OF MOTION] _______________________________________________ Describe your motion here. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

Plaintiff v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name CIVIL CASE BRIEF FOR [PLAINTIFF/DEFENDANT] _______________________________________________ Argument 1. Describe who the parties to this case are in relation to each other. 2. Describe why your case has standing, or why you are allowed to sue for this matter. 3. Continue sequential numbering and lay out your case piece by piece. ... Exhibits 1. Describe the exhibit (( Link to OOC Proof )) 2. Describe the exhibit (( Link to OOC Proof )) ... Witness List 1. Name of Witness (( Link to Forum Profile )) 2. Name of Witness (( Link to Forum Profile )) ... _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

SUPERIOR COURT OF SAN ANDREAS COUNTY OF LOS SANTOS CIVIL DIVISION Case Name: Plaintiff v. Defendant Plaintiff Attorney: Name CIVIL CASE COVER SHEET _______________________________________________ 1. Check one box below that best describes this case: Personal Torts [ ] Assault, battery, or unlawful contact [ ] False imprisonment [ ] Intentional infliction of emotional distress [ ] Deprivation of rights under color of law Negligent Torts [ ] Breach of duty [ ] Negligent infliction of emotional distress [ ] Professional or Medical Negligence Property Torts [ ] Trespassing or Conversion [ ] Nuisance [ ] Theft [ ] Detainder Dignitary Torts [ ] Defamation (Slander or Libel) [ ] Invasion of privacy [ ] Breach of confidence [ ] Abuse of process [ ] Malicious prosecution [ ] Alienation of affections Business Torts [ ] Fraud [ ] Tortious interference [ ] Conspiracy [ ] Restraint of trade [ ] Passing off Contracts [ ] Breach of Contract [ ] Collections Judicial Review [ ] Denial or Revocation of Business License [ ] Denial or Revocation of Firearms License 2. List any damages sustained or fees accrued. Include billing rate for attorneys, expert witnesses, etc. List _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of _________, 20__ by: /S/ NAME OF PLAINTIFF Name of Plaintiff Plaintiff /S/ NAME OF ATTORNEY Name of Attorney Attorney for Plaintiff

Superior Court of San Andreas CIVIL DIVISION Filing a Civil Case A civil case, civil action, or civil complaint is a type of lawsuit where one party (or group of parties) alleges that another party has committed a civil wrong or violation of law against them. The Plaintiff, or party bringing the case, may make an allegation that the Defendant, or party alleged to have committed the act, has committed a tort or violated statutory law. In a civil case, the Plaintiff is asking the court to award damages, which can be money or other items, to them as a result of sustaining injury, such as some physical or economic loss. Instructions for Filing a Civil Case Complete a Civil Case Cover Sheet and file it with the Clerk of Courts (( post in this section )). Wait for a docket number to be assigned by a member of court staff. File a Civil Case Brief (for Plaintiff) under the assigned docket number. A Judge will be assigned and review whether cause of action exists, or whether the person has a right to sue. If cause of action exists, a the case will be scheduled for trial and the Defendant will be issued a summons. Procedure for Civil Cases Answer During this phase of the trial, the Defendant answers the summons. This phase begins when the Plaintiff provides proof of service, or proof that the Defendant has received the summons and is aware of the case. The Defendant (on his own or through an attorney) will have 5 days from the date proof of service is submitted to submit one of the following (( as a post in the case topic )): Civil Case Brief (for Defendant) (if the Defendant wishes to defend against the allegations) Motion for Summary Judgment (if the Defendant does not wish to defend against the allegations) Discovery and Pre-trial Motions During this phase, both parties will exchange evidence and witness lists. The attorneys for both sides should be in direct contact via electronic or postal mail (( Forum PM )). Both parties are entitled to view any and all evidence and to review any witness lists in advance of the trial phase - if a party refuses to disclose certain information, the other party may inform the judge who may issue an order to enforce this rule. Much of this information will be disclosed by the Plaintiff in the Civil Case Brief. During this phase, the Plaintiff and Defendant both have a right to interview any supporting witnesses and to examine all evidence. If additional time is needed to perform these tasks, the Judge should be notified. If a witness cannot be reached by both parties (( including for OOC reasons )), the witness will be excluded from the case. (( Additionally, if either party wishes to report any part of this case to server administration via Forum Report, this is the time to do so - the trial phase will not be paused for petty squabbles unless so instructed by an Administrator. )) In this phase, the following motions can be filed: Motion to Dismiss - Can be filed by the defense if cause of action for the crime clearly does not exist. The judge will only be able to sustain this motion if there is a significant likelihood that the defense will prevail. If cause of action exists, this motion cannot be sustained by the judge. Motion to Compel - Can be filed by either party to request that the court order the other party to take some lawfully-required action, such as disclosing evidence or witness lists they intend to use as support to the Criminal Complaint. Motion to Suppress in limine - Can be filed by either party to request that the court not permit certain evidence or witnesses to testify. Trial Phase During this phase of the trial, both parties will present the supporting evidence for their case as well as their arguments. Each step in this phase should be filed as an Affidavit for Plaintiff or Affidavit for Defendant. 1. The Plaintiff will present the testimony of any witnesses and any evidence they have had analyzed. 2. The Defendant will present the testimony of any witnesses and any evidence they have had analyzed. 3. The Plaintiff will submit an affidavit arguing their case and how the evidence presented proves the defendant is guilty of certain offenses. 4. The Defendant will submit an affidavit arguing their case and how the evidence presented proves the defendant is not guilty of certain offenses. 5. The Plaintiff will make a closing argument addressing any defenses that have been presented. At this step, new arguments may not be introduced unless to counter arguments made by the defense. 6. The Defendant will make a closing argument addressing any counter-arguments that have been made to the defense. At this step, new arguments may not be introduced unless to counter arguments made by the Plaintiff. At the conclusion of this step, the judge will close the trial proceeding and the case will advance into the decision phase. In this phase, the following motions can be filed: Motion to Suppress - Can be filed by either party to suppress the presentation of some evidence or witness testimony that was not disclosed during the Discovery process. Motion to Strike - Can be filed by either party seeking to remove some information from the record, perhaps due to badgering a witness not identified as hostile or due to improper foundations of a question. This is the standard motion to file for most objections. Decision Phase In this phase, the judicial officer will review the evidence, witness testimony, arguments, and counter-arguments presented to make a determination of guilt. The standard the Plaintiff must prove is that the charged person is Liable by a preponderance of the evidence. A preponderance of the evidence means that the evidence suggests that the Defendant is more likely liable than not. Put simply, this means there is a 51% chance the Defendant has committed the act and is liable. In this phase, the following verdicts or dispositions will be determined for each charge: Liable - The person has committed the act, and is legally liable for damages. Not Liable - The person has not committed the act, or is legally not liable. Post-Trial Phase In this phase, the Judicial Officer will consider all relevant evidence, arguments, and the disposition to determine an award, or the amount one side is required to pay the other. This may also entail some actions that must be taken and, if necessary, the Court may appoint a Special Master to ensure any such actions are performed. Monetary awards come in two types: Compensatory Damages and Punitive Damages. Compensatory Damages are a type of monetary award that compensate the injured party for any economic losses they have endured. For example, if business was lost or the act resulted in the loss of revenue the injured party will be entitled to compensatory damages in the amount they have lost. The Plaintiff may be required to provide evidence of their losses, such as receipts, financial statements, or other calculations for reasonable losses. Punitive Damages are a type of monetary award reserved for egregious actions and serve as a punishment or deterrent. These are often 2x or 3x the amount in compensatory damages, however are only available when statute or precedent permits the granting of punitive damages. Appealing a Verdict or Sentence Either party may appeal a verdict or award if they have grounds. Grounds for appeal are based on whether a party has standing. Examples of reasons to appeal are explained in the court's guidance on Standards of Appellate Review. Parties may not appeal a verdict simply because they do not like the outcome of the trial – they must demonstrate that the court has made a clear error, an abuse of discretion, a mistake in interpreting or answering a question of law, or a mistake in understanding a question of fact that resulted in irreparable impact to the case at hand. An appeal can be initiated in the lower court by either party by filing a Notice of Appeal. (( Post as a reply to this topic ))

People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name RECORD OF DEPOSITION Witness Name: Name of Witness Date and Time of Deposition: DD/MMM/YYYY HH:mm _______________________________________________ Question: Question and context stated by the person taking deposition... Answer: Full, unabridged answer given by the witness. ... _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name AFFIDAVIT FOR DEFENSE _______________________________________________ Narrative here, including references to evidence and witnesses. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name AFFIDAVIT FOR PROSECUTION _______________________________________________ Narrative here, including references to evidence and witnesses. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name MOTION TO/FOR [NAME OF MOTION] _______________________________________________ Describe your motion here. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name CRIMINAL CASE RESPONSE _______________________________________________ Defense Argument 1. Describe response to this case including why this case lacks standing, any problems with the plaintiff's argument, or what you intend to prove. 2. Continue sequential numbering, laying out your defense in pieces. ... Defense Exhibits 1. Describe the exhibit (( Link to OOC Proof )) 2. Describe the exhibit (( Link to OOC Proof )) ... Defense Witness List 1. Name of Witness (( Link to Forum Profile )) 2. Name of Witness (( Link to Forum Profile )) ... _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures

People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name CRIMINAL COMPLAINT _______________________________________________ Plaintiff Argument 1. Describe who the parties to this case are in relation to each other. 2. Describe why your case has standing, or why you are allowed to sue for this matter. 3. Continue sequential numbering and lay out your case piece by piece. ... Plaintiff Exhibits 1. Describe the exhibit (( Link to OOC Proof )) 2. Describe the exhibit (( Link to OOC Proof )) ... Plaintiff Witness List 1. Name of Witness (( Link to Forum Profile )) 2. Name of Witness (( Link to Forum Profile )) ... _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney Lead Prosecutor ... Additional Attorney Signatures

SUPERIOR COURT OF SAN ANDREAS COUNTY OF LOS SANTOS CRIMINAL DIVISION Case Name: People of the State of San Andreas v. Defendant Lead Prosecuting Attorney: Name CRIMINAL CASE COVER SHEET _______________________________________________ The People of the State of San Andreas charge the defendant, NAME, with the following offenses: 1. Name of charge, a MISDEMEANOR/FELONY, pursuant to PC/VC ### 2. Name of charge, a MISDEMEANOR/FELONY, pursuant to PC/VC ### 3. ... Is the Defendant currently in custody? [ ] YES [ ] NO Does the prosecuting attorney have reason to believe the Defendant poses a risk of flight or interference with these proceedings if granted bail? [ ] YES [ ] NO _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein and in the attached Complaint is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney Lead Prosecutor ... Additional Attorney Signatures

Superior Court of San Andreas CRIMINAL DIVISION Filing a Criminal Case A criminal case, or criminal action, is a lawsuit undertaken by a qualified individual on behalf of the People of the State of San Andreas. This type of action seeks to charge a person with one or more violations of the Penal Code, Vehicle Code, or other instituted Laws and Acts of the State of San Andreas. A qualified individual is a prosecutor employed by a District Attorney's Office, a prosecutor employed by a state agency, or an individual who has been duly vested either by statute or by a Clerk with the right to prosecute criminal charges on an individual basis (in the absence of a prosecutor). Instructions for Challenging an Arrest This process is only to be used by people who have been arrested by a law enforcement agency without an indictment. To appeal criminal charges: File a Writ of Habeas Corpus under the assigned docket number. A Writ of Habeas Corpus is any letter to the court that describes the person's intent to challenge an arrest. Challenges must be received by the court within 90 days of the arrest and must contain, at minimum, the following key elements: (1) the charges that one wishes to challenge; (2) the basis for challenging the arrest, and; (3) the arresting agency's name and, if available, the name of the officer(s) responsible for the arrest. Wait for a docket number to be assigned by a member of court staff. A Judge will be assigned to the case and issue an initial order to begin a mediation process. Both the arresting agency and the arrested person must engage in good faith mediation before proceeding to trial. The court requires this as a prerequisite remedy to resolve cases more quickly. This process is intended to give law enforcement agencies a chance to fix any error that an officer may have made in the process of arrest. The arresting agency must complete their review of the arrest and attempt to remedy the matter within 7 days of notification by the court or an officer of the court. Following mediation, a representative of the arresting agency must notify the court of the mediation's disposition for each charge: endorse, modify with endorsement, or reverse. Each charge can have a different disposition. - If the charges are endorsed, the arresting agency is agreeing to defend the charges. - If the charges are modified with endorsement, the arresting agency is agreeing to modify the charges and endorse the new charges. - If the charges are reversed, the arresting agency is agreeing to drop the charges. If no disposition is received, the court may choose to grant an extension to the arresting agency for up to 7 days before dismissing the matter. If no disposition is received within 7 days (or 14 days with an extension), the court will declare the arrested person not guilty and order reversal of the charges. If at least one charge is endorsed or modified with endorsement, the assigned judge will evaluate for probable cause. Probable cause will be found if and only if the evidence shows, with an articulable pattern of facts, that there is a reasonable basis to believe that a specific person has committed an offense. This basis must be articulable given the evidence available at the time of the arrest. Arresting officers are cautioned to not conduct an arrest prematurely and to instead err on the side of collecting more evidence, using the process of a warrant application. Probable cause is a reasonable basis for upholding the legality of the arrest itself. However, at trial, the prosecuting agency will need to be able to prove their case beyond a reasonable doubt. If probable cause is found, the prosecuting agency may not be found liable for a wrongful arrest unless malicious prosecution can be proven with a preponderance of the evidence. If probable cause is not found for any of the charges for which the person was arrested, the applicable charges will be dismissed and the arrestee will be entitled to punitive damages in the amount of $5,000 per charge, compensatory damages in the amount of $1,750 per hour served in jail, and additional compensatory damages in any additional amount of demonstrable losses without limitation. In order to collect these damages by summary judgment, the arrestee must file suit in the Civil Division. If probable cause is found for at least one charge, the case will proceed to Arraignment. Instructions for Prosecuting a Criminal Indictment This process is only to be used by prosecutors, such as the District Attorney or Attorney General. If you are not a prosecutor, you should use the mediation and appeal process described later in this circular. To file a criminal action: Complete a Criminal Case Cover Sheet and file it with the Clerk of Courts (( post in this section )). Wait for a docket number to be assigned by a member of court staff. File an Indictment, which must outline the charges and list the elements of evidence that will be presented. The persons named in the indictment will be summoned to court for Arraignment on or before a specific date, and the case will proceed according to the procedure outlined below. Procedure for Criminal Cases Arraignment During this phase of the trial, the person charged may enter a plea to each charge. They must enter a plea on each of the listed charges, which can be any of the following: Guilty - The person submits and admission of guilt, confessing that they have committed the offense. No Contest - The person submits that they are unable to contest the charges. This plea will result in a disposition of Guilty on the charge, but protects one from civil liability. Alford Plea - The person submits a guilty plea, but maintains their innocence from a legal perspective. This plea will preserve a right to appeal on questions of law. Not Guilty - The person submits that they have not committed the offense, or otherwise cannot be held accountable. Not Guilty by Reason of Insanity - The person submits a Not Guilty plea, on the grounds that they were suffering a mental illness that affected their cognition or ability to determine right from wrong. This plea will result in a civil commitment to a mental hospital until the person can stand trial, then the trial will resume. If a person does not appear for arraignment on or before the time of the trial, a warrant will be issued for their arrest and they will remain in custody until a plea is entered (( note: they should be arrested for the maximum allowed time by an admin )). After a plea is entered, they may be held with or without a bond at the court's discretion. Discovery and Pre-trial Motions During this phase, both parties will exchange evidence and witness lists. The defense attorney should be in direct contact with the prosecutor via electronic or postal mail (( Forum PM )). Both parties are entitled to view any and all evidence and to review any witness lists in advance of the trial phase - if a party refuses to disclose certain information, the other party may inform the judge who may issue an order to enforce this rule. Much of this information will be disclosed by the Prosecution in the Criminal Complaint, however the defense is also entitled to a listing of any exculpatory evidence (evidence that suggests the defendant is not guilty). During this phase, the prosecution and defense both have a right to interview any supporting witnesses. If additional time is needed to perform these tasks, the Judge should be notified. If a witness cannot be reached by both parties (( including for OOC reasons )), the witness will be excluded from the case. (( Additionally, if either party wishes to report any part of this case to server administration via Forum Report, this is the time to do so - the trial phase will not be paused for petty squabbles unless so instructed by an Administrator. )) In this phase, the following motions can be filed: Motion to Dismiss - Can be filed by the defense if probable cause for the crime clearly does not exist. The judge will only be able to sustain this motion if there is a significant likelihood that the defense will prevail. If probable cause exists, this motion cannot be sustained by the judge. Motion to Compel - Can be filed by either party to request that the court order the other party to take some lawfully-required action, such as disclosing evidence or witness lists they intend to use as support to the Criminal Complaint. Motion to Suppress in limine - Can be filed by either party to request that the court not permit certain evidence or witnesses to testify. Trial Phase During this phase of the trial, both parties will present the supporting evidence for their case as well as their arguments. Witnesses will be called to testify, if a witness is unavailable for testimony but they are crucial for the case to proceed the Prosecution or Defense can request a deposition or file an Affidavit for Prosecution or Affidavit for Defense. 1. The prosecution will present their evidence in detail. 2. Both the prosecution and the defense will submit a witness list. Any witnesses listed by either may be questioned on direct by the other. 3. The prosecution will directly examine any witnesses and any evidence they have had analyzed. 4. The defense will cross-examine any prosecution witnesses, asking follow-up questions relevant to the direct examinations. 5. The prosecution will re-direct examine their witness, asking questions relevant to the cross-examination. 6. The defense will directly examine any witnesses and any evidence they have had analyzed. 7. The prosecution will cross-examine any defense witnesses, asking follow-up questions relevant to the direct examinations. 8. The defense will re-direct their witness. 9. The prosecution will submit an affidavit arguing their case and how the evidence presented proves the defendant is guilty of certain offenses. 10. The defense will submit an affidavit arguing their case and how the evidence presented proves the defendant is not guilty of certain offenses. 11. The prosecution will make a closing argument addressing any defenses that have been presented. At this step, new arguments may not be introduced unless to counter arguments made by the defense. 12. The defense will make a closing argument addressing any counter-arguments that have been made to the defense. At this step, new arguments may not be introduced unless to counter arguments made by the prosecution. At the conclusion of this step, the judge will close the trial proceeding and the case will advance into the decision phase. In this phase, the following motions can be filed: Motion to Suppress - Can be filed by either party to suppress the presentation of some evidence or witness testimony that was not disclosed during the Discovery process. Motion to Strike - Can be filed by either party seeking to remove some information from the record, perhaps due to badgering a witness not identified as hostile or due to improper foundations of a question. This is the standard motion to file for most objections. Also in this phase, the opposing counsel can object to questions. Objections can be found here. Decision Phase In this phase, the judicial officer will review the evidence, witness testimony, arguments, and counter-arguments presented to make a determination of guilt. The standard the prosecution must prove is that the charged person is Guilty beyond a Reasonable Doubt for each of the charged offenses for which the person has pleaded anything other than Guilty. A person is Guilty beyond a Reasonable Doubt when a reasonable person would not have any reason to believe there is a chance of innocence. For example, if any of the evidence suggests that the person may not have done the crime, this may be considered a reasonable doubt. The courts operate on what is referred to as Blackstone's Formulation - that it is better to allow 10 guilty men to walk free than to permit 1 innocent man to be imprisoned unjustly. Therefore, the standard of proof is high but not insurmountable. In this phase, the following verdicts or dispositions will be determined for each charge: Guilty - The person has committed the offense charged, according to the facts. Not Guilty - The person has not committed the offense charged, according to the facts. Post-Trial Phase In this phase, sentencing will occur on any charges for which the charged person has been found Guilty, including those pleaded as such during the pre-trial phase. If the Defendant is found Not Guilty on all counts, the case ends here. Otherwise, the sentencing process begins. The Judge will request that the Prosecution and Defense submit a list of any aggravating or mitigating factors that should be considered in sentencing. An aggravating factor is a condition where the crime was particularly gruesome or heinous, and therefore argues that the sentence should be higher than normal. A mitigating factor is a condition where the crime was of a more minor nature, or some other factor suggests a lesser degree of culpability, and therefore the person should not be punished as severely as the average case. Following the receipt of these factors, the judicial officer will ask for a recommendation for sentencing at which time the Prosecutor will submit a recommended sentence. The judicial officer will then issue a sentence. At this time, the defendant will be remanded into custody to begin serving their sentence. Appealing a Verdict or Sentence If the defendant (now convicted) and their attorney disagree with the verdict or sentence as a matter of law, and have grounds for appeal, they may file an appeal. Similarly, if the prosecution disagrees with the sentence imposed by a judge, they may file an appeal. The prosecution may not appeal a verdict of Not Guilty. An appeal can be initiated in the lower court by either party by filing a Notice of Appeal. (( Post as a reply to this topic )) (( Huge thanks to @Tungsten & @Kotwica for a lot of the work done. ))

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