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Everything posted by Kebab
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hell yeah.
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good shit.
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oh. must be something wrong with eyes again.
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the man, the myth, the legend.
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Standards of Appellate Review This guide is adapted from this webpage and this Wikipedia article. In American Jurisprudence, the responsibility of establishing facts is placed on the fact-finder of original jurisdiction. In most criminal or civil cases, the original jurisdiction will be a trial court where the fact-finder is either a jury or a judge. The duty of the fact-finder is to listen to the arguments in the case, examine the evidence, and make reasonable conclusions that ultimately affect the outcome of the case. Additionally, the judge may make determinations on various motions that may affect the outcome of the case. The Standards of Appellate Review are standards under which an appellate review may review of a matter, and provide a framework under which the appellate jurisdiction should re-examine the case. They determine how much weight the appellate jurisdiction should give the facts of the case, reexamining questions of fact, or whether they should focus their reexamination on questions of law. Typically, appellate jurisdictions prefer to reexamine questions of law since a high degree of deference is given to the fact-finder in the original jurisdiction. When filing an appeal, the appellant will usually cite the standards of review under which they would like the case reviewed. Once the appeal is accepted for hearing, the respondent may choose to file a motion to dismiss the appeal by arguing that the standard has not been met or that the initial brief has not made a clear demonstration of how the trial court erred. The court may choose to dismiss the case at this point, or to hear the appeal to its conclusion, before making a decision and reaching one of the permitted Outcomes on Appeal. (Source: Georgetown University Law Center) Questions of Fact An appeal of the facts requires the appellant to overcome a high burden of proof that the facts themselves are re-examined. Substantive Evidence The Substantive Review standard asks the court to consider whether the evidence, viewed in good faith, could be used to reach the conclusion reached in the original jurisdiction. Upon hearing the appeal, the appellate court may overturn the verdict of the lower court if and only if there is a finding that no "reasonable" trier of fact could reach the conclusion reached given the evidence. This standard applies most closely to trials conducted with juries as fact-finder, as opposed to the clear error standard used to appeal cases tried with a judge as fact-finder. See also: Jackson v. Virginia, 443 U.S. 307, 319 (1979) Clearly Erroneous The Clear Error standard asks the appellate court to consider an argument that the finding of the lower court is clearly wrong. The appellate court may overturn the verdict of the lower court if and only if there is a finding that the judge, as fact-finder of original jurisdiction, made some clear mistake. The clear error standard may be contrasted against the de novo standard in its level of deference - this difference is discussed in the de novo section. See also: United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948) Questions of Law An appeal on questions of law requires the appellant to file a brief that outlines a reasonable case for why the lower court erred in its interpretation of the law. If the brief makes an objectively reasonable argument, the court will grant a hearing for both sides to argue their perspective on whether the law was interpreted correctly by the lower court. If the appellate court determines the lower court has erred in their interpretation, they may choose to vacate the ruling, offer clarification on the law, and remand the case to the lower court for retrial. De Novo Review The De Novo standard of review asks the appellate court to review the underlying questions of law, with a strictly legal argument. Since the appellate court primarily deals in questions of law, and not ordinarily questions of fact, the appellate court gives no deference to the lower court when reviewing under this standard. This standard of review presents a question of law, and attempts to show how the lower court erred in interpreting or applying the law by providing precedent citations or other materials to support their argument that the lower court erred in their understanding of the law. The appellate court may overturn the lower court if and only if there is a finding that the lower court erred in their understanding in the law and that such a mistake has affected the outcome of the case. Ordinarily, if a lower court verdict is subject to reversal on these grounds, the appellate court will reverse the decision, clarify the law in their decision, and remand the case back to the lower court to be re-tried with the correct interpretation of the law. In some cases, the appellate court may simply modify the result of the case if the case would be untenable to re-try. The de novo standard of review differs from the clear error standard of review in its distinction of whether the lower court erred in their interpretation or application of the law. The clear error standard applies when the lower court mis-applied the law in a way that conflicts with a statute or precedent. The de novo standard applies when the lower court's answer to a question of law resulted in a contortion in the conclusion. Since the difference in these two standards require different degrees of deference to the lower court, the difference can often cause a appeal on de novo grounds to fail if it is found that the clear error standard would apply more closely. Mixed Questions of Law and Fact Where there are both questions of law and questions of fact intermixed in the same appeal, such as with an appeal implementing both the substantive review standard and the de novo standard, the appellate court should review the case with a de novo standard of review, providing no deference to the lower court. See also: Pullman-Standard v. Swint, 456 U.S. 273, n.19 (1982) Questions of Judicial Oversight Judges are vested with a lot of discretion on how to run their courtroom, with presiding judges being vested with additional powers for dictating the standard operating procedures of the courts within their jurisdiction. At times, a judge may overstep or misapply their discretion to an issue. This may take the form of a judge ruling on an issue that they do not have a legal right to rule on, or mis-using their discretion in a way that violates civil or criminal procedure. Abuse of Discretion The abuse of discretion standard is a difficult to overcome standard for many appeals, because it may call the integrity of the lower court into question. At times, a lower court may need to rule on issues based on its own discretion. There are many reasons a lower court may rely on its own discretion to ensure smooth progression of a trial. One such example would be deciding on novel issues for which there is little or no precedent. One other example would be preventing a key witness from testifying on procedural grounds. This standard of review calls the discretion of the lower court into question, arguing that the erroneous or flawed use of discretion had a demonstrable impact on the outcome of the case. The appellate court will give a high degree of deference to the lower court, since an error of fact or law is not alleged, and instead examine whether there was an error in discretionary judgment that irreparably impacted the determination of facts and ultimately the verdict. The appellate court may overturn a verdict of the lower court based on this standard if and only if there is a finding that such an error in discretionary judgment exists and is likely to have had a significant impact on the outcome of the case. See also: Goodman v. Goodman, 128 Wash. 2d 366, 907 P.2d 290 (1995) Questions of Constitutionality Questions of Constitutionality are the basis on which a law, or parts of a law, may be struck down by a court as unconstitutional. Different constitutional issues have different standards of review. For example, issues arising out of the second amendment require the strict scrutiny standard of review but many first amendment issues call for the intermediate scrutiny standard of review. Rational Basis The Rational Basis standard is the default standard under which appellate courts examine constitutional questions, such as whether or not a statute or provisions therein are compatible with a given section of either the state or federal constitution. This standard contrasts with the higher degrees of scrutiny, intermediate and strict scrutiny, in that the rational basis standard affords a high degree of deference to the government and to the lower court. Under the rational basis standard, courts will apply the rational basis test which seeks to establish whether or not the government has a legitimate government interest for a particular regulation. If an appeal is subject to the rational basis standard, the government need only prove that a law or regulation was implemented for a purpose that serves a legitimate government interest such as permissible regulation of economic activity. Unlike the intermediate standard, which attempts to balance the interests of the government and of the people, rational basis scrutiny defers to the interests of the government. See also: Institute for Justice: The Rational Basis Test, A Story Pacific Legal Foundation: What is Rational Basis Scrutiny? Wikipedia: Rational basis review Cornell Law: Chevron deference (example) Intermediate Scrutiny The Intermediate Scrutiny standard is, as its name suggests, an intermediate level between the lower Rational Basis scrutiny and the higher Strict scrutiny. It shares properties of both ends of the scrutiny spectrum, requiring that the government prove that they have a legitimate government interest and that the method of serving that interest requires that the government take a certain action that is substantially related to its legitimate interest. Unlike with strict scrutiny, the interest need not be compelling to overcome intermediate scrutiny - instead, the interest need only be legitimate. However, unlike with rational basis scrutiny, there is a requirement that the methods under which the government serves its interests are narrowly related to the interest themselves. To test this standard, the court will apply a two-prong approach, asking whether the government's interest is legitimate and whether the actions taken through law or regulation are narrowly tailored to serving that purpose. It must also undertake a balancing of interests of the people and of the government, ensuring that neither party is substantially aided or harmed by the law in question. See also: Cornell Law: Intermediate scrutiny Strict Scrutiny The Strict Scrutiny standard is the highest standard under which appellate courts examine constitutional questions. Notably, this standard is applied when addressing equal protection questions under the 14th amendment. In order to overcome strict scrutiny, the government must prove that its interest is not only legitimate but also compelling. Additionally, the government must show that the law is narrowly tailored to achieve its legitimate purpose and is no so overly broad as to needlessly impinge upon the underlying rights or privileges - in other words, it must be the "least restrictive means" needed to achieve the legitimate, compelling government interest. This standard is typically applied in subject classification questions that would tend to have a significant negative impact upon one or more constitutional rights held by the people, including equal protection of the laws - for example, free speech issues or racial diversity issues. Unlike with intermediate scrutiny, which attempts to balance the interests of the people with the government, strict scrutiny defers to the interests of the people. See also: Cornell Law: Strict scrutiny
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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 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 ))
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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
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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
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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
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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
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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
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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