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INTRODUCTION TO MOTIONS | OBJECTIONS & Court Orders
A motion is a formal request submitted to a Court seeking a ruling on a specific aspect of a case. A judicial officer will either Sustain (agree with) or Overrule (disagree with) the motion. Motions can be filed throughout the proceedings until a final verdict is rendered.
This guide also outlines the permissible objections in the Court of the Republic of Andorn, as established by court policy unless codified into law. It is essential for lawyers and any participant objecting to a statement made by the opposing party or a question posed to a witness to follow this guide.
Objections are raised on a per-matter basis. Only one objection and one counter-objection are allowed per issue. Any new objection must be treated as a separate matter. When objecting to witness testimony, new evidence may be provided if it is relevant to refuting the testimony.
EXPANDING COURT RP
The Courts of Andorn aim to foster extensive legal roleplay. To create this environment, the courts will not limit motions and objections strictly to this guide. We welcome motions and objections based on real-life law, as well as those from other countries aka servers. Ultimately, the presiding officer will rule on each motion or objection.FORMAT
MOTION TO DISMISS
A Motion to Dismiss is a request made by a party, asking the Court to dismiss a case without conducting a full review of all the facts and legal arguments. This motion is often based on procedural or legal issues rather than the factual content of the case.Some reasons a party might file a motion to dismiss include:
Common reasons for filing a Motion to Dismiss include:
- Mootness: The issues presented in the case are no longer relevant or actionable, often because the situation has changed, resolving the dispute.
- Lack of Jurisdiction: The Court lacks authority over the parties involved or the subject matter of the case.
- Incorrect Party: The plaintiff has either failed to include a necessary party in the case or has named the wrong party as a defendant.
- Failure to State a Claim: The plaintiff has not presented a legally valid cause of action or has omitted essential elements required for the claim. For example, in a negligence case, if the plaintiff fails to allege that the defendant caused the harm, the defendant may file a Motion to Dismiss.
- Failure to Join a Necessary Party: The case cannot proceed fairly without certain essential parties, and their absence would hinder the defendant's ability to mount an adequate defense.
- Frivolous Case: A claim may be dismissed if it is deemed frivolous, meaning it lacks any legal basis.
- Statute of Limitations: The plaintiff filed the lawsuit after the legal deadline for bringing such a case had expired, making the claim legally invalid.
- Settlement or Release: The plaintiff has already agreed to a settlement or signed a release agreement that bars further legal action on the matter.
- Res Judicata: The case has already been decided by a competent court, and the plaintiff is attempting to litigate the same issue again.
- Lack of Standing: The plaintiff does not have the legal right to bring the case, either because they are not directly affected by the issue or lack sufficient connection to the matter.
Dismissal with Prejudice vs. Without Prejudice:
- With Prejudice: The case is permanently dismissed, and the plaintiff cannot re-file the matter in Court. The plaintiff my appeal the case.
- Without Prejudice: The case is dismissed, but the plaintiff may re-file at a later time, often due to procedural issues such as filing in the wrong Court or being unprepared.
MOTION TO NOLLE PROSEQUI
A formal request made to the Judicial Officer by the prosecution or plaintiff to drop the legal charges or case.MOTION FOR SUMMARY JUDGMENT
This motion requests that the Judicial Officer make a final ruling on the case without proceeding to trial, which is possible only if no material facts are in dispute.MOTION TO RECUSE
A formal request for a Judicial officer to voluntarily remove themselves from a case, potentially due to actual or perceived impartiality or conflict of interest.MOTION TO RECONSIDER
A formal request for the Judicial Officer to reconsider a previous ruling based on a point of law or new evidence that has come to light. Only one Motion to Reconsider may be filed per decision.MOTION TO STRIKE
A motion to strike is filed when a party seeks to remove certain content from the Court record, typically because it is inadmissible. This could include language that is redundant, vague, scandalous, immaterial, or irrelevant.Evidence may be submitted with this motion if it pertains to information from the discovery phase or if it refutes witness testimony, subject to the discretion of the Presiding Officer.
MOTION TO COMPEL
A formal request asking the Judicial Officer to order a non-compliant party to produce requested documentation or information, or to sanction the non-compliant party for failure to comply with discovery requests.OBJECTIONS
FORMAT
Responding to Objections
Opposing counsel may only respond to objections if they are counter objecting or if permitted by the presiding officer.
The following are some suggested objections:
| Objection | Definition | |
| Breach of Procedure | When a party violates court procedures, policies, or previous directions from the presiding Judge. | |
| Lack of Authentication | When evidence is presented without proper verification of its origin or accuracy. | |
| Relevance | When a party presents evidence that is not relevant to the case or asks a witness an irrelevant question. | |
| Improper Evidence | When evidence is presented that has not been properly collected, may be altered, or violates usual procedures. | |
| Speculation | When a witness is asked to testify about something they have not directly observed. Witnesses may only testify about their direct experiences and thoughts. | |
| Hearsay | When a witness testifies about a statement made by another person to prove a fact. | |
| Perjury | When a witness lies or significantly misrepresents facts on the stand (proof of perjury should be provided with the objection). | |
| Overbroad | When a question is so broad that it lacks focus and could lead to irrelevant or prejudicial answers. | |
| Asked and Answered | When a witness has already answered a question multiple times, but the questioning party repeatedly asks the same question (with minor variations). | |
| Arguing with the Witness | When a party is hostile toward a witness or is arguing with their testimony. | |
| Leading Questions | A question that suggests the answer or contains the information the examiner seeks confirmation of. | |
| Cumulative | When evidence is presented that is repetitive and does not add any new information to the case. (Work's for witness list as well) | |
| Improper Expert Testimony | When an expert witness testifies on matters outside their area of expertise or beyond the facts of the case. | |
| Compound Question | When a question contains multiple parts, which may confuse the witness, who is entitled to answer each question separately. If sustained, the question must be withdrawn and asked as separate questions. | |
| Ambiguous | When a question is not clear and precise enough for the witness to answer properly. | |
| Calls for a conclusion | When a question asks for an opinion rather than facts. | |
| Excessive Cross-Examination | When the cross-examination becomes overly lengthy or burdensome without contributing to the resolution of the case. | |
| Non-responsive | When the witness’s response does not answer the question or answers a different question. | |
| Narrative | When the witness is telling a story in response to a question that does not require one. | |
| Nothing pending | When the witness continues to speak on matters irrelevant to the question. | |
| Incompetent | When the witness is not qualified to answer the question. | |
| Improper Conduct by Counsel | When the attorney's behavior in court is inappropriate, such as making inflammatory statements. | |
| Assumes facts not in evidence | When the question assumes something as true without evidence being shown. | |
| Argumentative | When the question makes an argument rather than asking a question. | |
| Foundation | When the question relates to matters of which the witness's personal knowledge has not been established. | |
| Assumption of Guilt | When a question presumes that the defendant is guilty before it has been proven. | |
| Counsel is testifying | When counsel is "leading," "argumentative," or "assuming facts not in evidence." | |
| Inflammatory | When the question is intended to cause prejudice. | |
| Fruit of the poisonous tree | When evidence was obtained illegally, or the investigative methods leading to its discovery were illegal. | |
| Privilege | When the witness may be legally protected from answering the question. | |
| Badgering | When counsel is antagonizing the witness to provoke a response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness. |
COURT ORDERS
Case Related Orders:
Court Summons:
Writ of Certiorari: A court order issued by a higher court, directing a lower court to send up the record of a case for review. Writs of certiorari are used to determine whether the lower court's decision should be upheld, reversed, or remanded.
Writ of Habeas Corpus: A court order requiring a person detained by the government to be brought before a judge or court to determine the legality of the detention.
Quo Warranto: A court order asking a person; entity; or government agency, or persons affiliated with or in charge of an agency; to show authority for the power or office that they have.
Law Enforcement Orders:
Search Warrant: is a legal document issued by a judge or justice that authorizes law enforcement officers to search a specified location for evidence related to a crime. The warrant must detail the premises to be searched, as well as the specific items or evidence sought.
Arrest Warrant: An Arrest Warrant is a court order authorizing law enforcement officers to apprehend a specific individual. It is issued by a judge or justice based on probable cause that the person has committed a crime.
Seizure Order: A Seizure Order is a legal directive issued by a court that authorizes law enforcement to take possession of specific property or items related to a criminal investigation or proceeding.
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