Historical rulebook. Rules of Practice and Procedure
Rule 1. Authority and scope
These rules govern criminal proceedings within jurisdiction established by governing law. They create no offense, investigative power, arrest power, or punishment. Governing law and protections take priority.
Permanent referenceRule 2. Presumption and burden
An accused person is presumed innocent. The prosecution must prove every required element beyond a reasonable doubt. Silence is not proof of guilt, and the accused cannot be compelled to supply a confession.
Permanent referenceRule 3. Charges and notice
A charging document must identify the accused, the alleged offense and governing provision, the material conduct, and the relevant dates where known. The accused must receive the charges and the proposed hearing schedule with sufficient time to prepare. Material defects must be corrected before trial or addressed by the court.
Permanent referenceRule 4. Counsel and conflicts
The accused must be told how to obtain authorized defense counsel and must have a reasonable opportunity to consult counsel. A knowing decision to appear personally must be recorded. Defense and prosecution functions must be separated; the judge must not have participated as investigator or counsel in the same case.
Permanent referenceRule 5. Initial appearance and pleas
At the first appearance, the judge confirms identity, notice, representation, and the accused’s understanding of the charge. A plea may be guilty or not guilty. A guilty plea may be accepted only after the judge establishes that it is voluntary, informed, and supported by facts establishing the offense.
Permanent referenceRule 6. Disclosure
The prosecution must disclose the evidence it intends to use and known material tending to negate guilt or reduce punishment. Defense must disclose intended exhibits and witnesses as directed without surrendering protected communications or the right against self-incrimination. Ordinary exchange should occur at least 48 hours before trial; a late disclosure may require exclusion, additional preparation time, or another fair remedy.
Permanent referenceRule 7. Pretrial motions
A party may challenge jurisdiction, the charge, conflicts, admissibility, or another issue before trial. Motions must identify the requested ruling and grounds. Unless the court sets a different schedule, responses are due within 48 hours. The judge must resolve material issues on a record available to the parties, subject to lawful restrictions.
Permanent referenceRule 8. Trial
The prosecution presents its case first; the defense may answer without assuming the prosecution’s burden. Parties may question witnesses and object to evidence under the Rules of Evidence. The judge must keep proceedings orderly and ensure a fair opportunity to participate. No conviction may rest only on an unsupported accusation.
Permanent referenceRule 9. Findings and sentence
The court must separately decide each charge and identify its findings and reasons. Following a conviction, the parties may present relevant aggravating and mitigating information. Any sentence must be authorized by governing law, proportionate under that law, and stated in writing. An acquittal cannot be set aside merely because leadership dislikes it.
Permanent referenceRule 10. Record, review, and urgent measures
The clerk preserves the charge, material rulings, exhibits, findings, and sentence. Review follows the Rules of Appellate Procedure and any controlling protection against repeated prosecution. Detention or other urgent restrictions require an independent lawful basis; these rules do not supply one.
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