Department of Justice Handbook

Version #0.0.1

The scope of this document is to explain operating procedures and provide general information. It
does not explain the legal process or law in detail. You should seek training if you wish to learn
detailed legal procedure. It does, however, explain at a high level what you can expect from cases
and legal representatives/judges.

Criminal Procedure
1. An individual disputing their charges discusses the case with an attorney and PD. If deemed
sufficiently questionable, a member of DOJ is petitioned to file a bench trial demand.
2. If you, as a member of DOJ concur with the request, the complaint is filed to demand a
bench trial. A Judge will review it and ultimately accept or deny the bench trial.
3. If accepted, the case will be added and service of process on the defendant will occur via e-
mail ((gov. forum – so called “Sewer service” is not permitted ICly.))
4. The defence may file a response to the demand if they so desire with any applicable prayers
to the court deemed necessary. A trial date shall be agreed between all parties.
5. The case is now in the discovery phase; prosecution is required to file all evidence and
witnesses they intend to enter at trial. All filings are a matter of public record unless
requested to be filed as sealed evidence.
6. Any filing that is accepted as “sealed” must be shared with the attorney of the defence. If
the defence is pro-se, it is the responsibility of the prosecution to either incorporate a
motion for an attorney to be appointed, otherwise, the defendant shall have access to the
sealed information.
7. The trial occurs and ultimately, either a witness impact statement and verdict is delivered or
a continuance is motioned for.
8. Finally, once an impact statement and verdict has been delivered, a transcript/video of all
proceedings are filed and the case is closed. Judge shall include a write-up of their verdict in
the form of a rationale which can then be used as case law in future.

Civil Procedure
1. Plaintiff pays the relevant court fee and files their complaint with the court. A Judge will
review it and either accept or deny the filing.
2. If accepted, non-moving party is notified and shall have the option to respond and include
any suitable motions or counter claims to be considered by the court.
3. Discovery occurs and both parties are required to file all evidence and witnesses they intend
to present in court. If any information is to be sealed, it follows supra principles for a
criminal case.
4. Assuming no successful pre-trial motions to close the case, the trial occurs and follows supra
principles for a criminal case, based on a pre-ponderance of the evidence.
Judges
1. A judge is the final authority.
2. ((Currently, a Judge may not engage in any form of corruption. They may not preside over a
case if they cannot ICly or OOCly be impartial))
3. They may not move sua sponte – limited suggestions to ensure adherence to procedure may
be given to either party but not to the degree that it would effectively be helping their case.
4. Verdicts shall be written up with a rationale. These decisions will create case law that can be
used in future.
5. They may not nullify laws. Judgements can, however, impact their interpretation.
6. ((Applying parts of the constitution or laws that would nullify/break/ruin game mechanics is
not permitted – e.g. 2nd amendment laws regarding firearms.))
7. In considering whether or not to permit an appeal. Due to the likely case-load it could
present, these will currently only be granted under very limited circumstances.
8. Contempt of Court may be charged as a misdemeanour or felony, at the court’s discretion.

Attorneys
1. Must have passed the bar to act as an attorney.
2. ((Currently, a lawyer may not engage in any form of corruption. They may not represent a
client if it presents a conflict of interest, whether ICly or OOCly))
3. Must be of good moral character and remain as such in order to maintain their license.
4. The DOJ may require an attorney to handle cases as a public defender or prosecutor. You
must inform DOJ of any conflict of interest during assignment.
5. Taking on cases that are vexatious or otherwise without merit may result in suspension or
removal of an attorney’s Bar License if a judge deems it necessary.

Pro-Se Defendants
1. You may elect to represent yourself in any criminal or civil hearing – however, the opposing
side may motion for you to be appointed an attorney, you can motion to oppose, however,
you will ultimately have to comply with the decision of the judge.
2. You may bring one individual to accompany you to the trial, you can confer as you wish, but
only you may address the court.
3. You may elect to obtain legal counsel at any point; a judge shall have the right to refuse this,
however if you attempt to do so in the middle of a trial.
4. You may fire your representation at any time, however, the opposing party may also object
to this and a judge will rule on what ultimately happens if you are opposed.
Legal Filings
1. All pleadings must be made on US pleading paper.
2. Pleadings shall not be refused for minor formatting issues or inconsequential mistakes.
3. All pleadings follow the usual formula of a movement and a response. You will always have a
deadline to file a response. If you are unable to do so within the deadline, you may motion
the court to set-aside a ruling on a motion and allow you to respond.
4. An unrelated party may file an amicus curiae briefing for a case providing the party filing has
passed the Bar Exam. A judge may do with it, and the filer, as they see fit.
5. If, as a lawyer or pro-se party, you do not possess a home or business address, you may
utilise the address of the DOJ on your filings.

Out of Court Settlement

1. Parties may choose to settle matters out of court, irrespective of whether the case is
criminal or civil.
2. Either side may file the motion to dismiss with included settlement terms. If for any reason
the opposing party does not agree, file a response moving to oppose.
3. Cases may be dismissed with or without prejudice if they are a civil case. All criminal cases, if
they are to be dismissed shall be dismissed with prejudice. A judge may only overturn such a
ruling in a criminal case if significant new evidence is brought to light to deem a mistrial. Civil
cases dismissed with prejudice are not eligible for this treatment.

Witness Questioning & Testimony

1. Witnesses are questioned and give testimony through either sworn depositions or,
preferably, during the trial.
2. ((Using game mechanics or bugs cannot be used in a case. “Objection – General” may be
used to signify someone is attempting to argue mechanics. Any issues relating to mechanics
MUST be discussed OOCly to mutually find a way forward that avoids bringing them up.))
3. Re-cross examination may not currently be requested. You may however request witness
recall.
4. Lying under oath, if proven, will be taken very seriously. It will have far-reaching
consequences for you if you are proven to be doing so.
5. Any witness may choose to “plead the 5th.” ((As in real life, this will result in all of your prior
testimony being struck from the record))
6. The court shall weigh testimony according to your position. For example, a few eye-
witnesses whom opposing council proves have a relationship to the party they are assisting
will not be regarded as highly as a LEO with no relationship to them.
Case Law
1. US Supreme court case law may be utilised and shall be treated with deference by the court.
2. State-level case law may be utilised, but the court shall have discretion to disregard it.
3. Prior case-law within San Andreas may be utilised and will typically hold. However, a judge
may choose to overturn or limit its scope, provided there is a strong rationale for doing so.
4. ((Given the nature of the game, certain aspects of the constitution or case law may be
ignored. This is a game and breaking core mechanics is not going to happen.))

IA and The Law

1. The legal system does not replace IA. Any individual may still utilise this avenue; if a case is
deemed unsuitable for court, IA remains a valid avenue for restitution. However, an
individual may not pursue restitution through the law and IA at the same time. Doing so
shall give them the opportunity to motion for your case to be dismissed or granted summary
judgement on these grounds.
2. A judge may direct LEO depts. to open up an IA into officer(s) as a result of a case or order
punishments. ((Such punishments should generally involve activities that create RP rather
than deny it)) Mandatory educational courses, sensitivity training etc. should be expected.
Simply suspending an officer, especially for losing a nuanced case is not recommended, but
shall nonetheless be the prerogative of the relevant organisation.

Fruit of the Poisonous Tree

1. In criminal cases, evidence must be collected in a proper and legal manner.
2. All evidence stemming from a single action of illegal conduct will result in all of that evidence
being discarded for the purposes of the trial.
3. A looser approach will be taken for evidence in Civil trials; a Judge may exercise more lenient
discretion as to whether or not evidence is taken into account, even if it was ruled
inadmissible during a criminal trial, in the interests of justice.
4. Typically, rulings on challenged evidence will happen during the pre-trial phase.

Discovery
1. Two fundamental types of subpoena may be filed with the court for approval:
a. Subpoena duces tecum – This is for production of evidence.
b. Subpoena ad testificandum – This is for production of witnesses at trial.
2. You must comply with a subpoena. Failure to do so will likely result in a motion to show
cause if you do not. Failing to provide a satisfactory explanation may result in a charge for
Contempt of Court.
3. A subpoena must be approved by the court. Serving an unapproved subpoena may be
treated as Felony Fraud and/or Contempt of Court if a Judge deems foul play occurred.
4. ((If you are subpoenaed as a witness, it must be arranged OOCly to schedule a court date
that works for you and everyone else. A sworn deposition is also possible with good
explanation))
Deadlines
1. A criminal trial should ideally be filed immediately. If not possible, you will serve your time
and shall have 7 ((OOC)) days to file a criminal case for expungement and restitution.
2. A civil trial may be filed within 3 ((OOC)) days of the incident. The deadline resets if the civil
case would arise as a result of a pending criminal trial.
3. If, for any reason, you miss a deadline, ((if there are legitimate OOC reasons)) it may be
accepted anyway, however, this is a discretionary privilege, not a right.

Contracts
1. The court will not enforce illegal contracts such as a contract for an assassination. It may,
however, be handed over to law enforcement as evidence.
2. A contract must contain the fundamental aspects of an offer, acceptance, consideration,
legal form & content and intention to create legal relations to be enforceable.
3. Any Attorney or Judge may notarize a contract. They will likely charge you for the service.
4. ((a /do with the SHA256 digest of actual file-based contracts should be performed. HashCalc
is ideal for getting the digest. This is crucial to prove no MG/OOC forgery is occurring.))
5. ((As a signatory, you should verify the SHA256 /do to ensure it matches the document they
sent you.))
6. ((You may not RP being a master forger. If you forge a signature, it shall RPly be considered
to be detectable when compared with a real sample, unless the victim is willing to dice it.))
7. ((All contracts must be signed via /do. You should RP comparing names and signatures to an
individual’s license. It’s up to you whether you’d like to also apply signatures to your
document for that immersive touch.)
((General OOC Information))
1. Court and Legal RP is to be taken seriously. If you decide to show up to a hearing and disrupt
it by being a nuisance, you will be dealt with ICly as far as possible, however, ruining other
peoples’ RP with your behaviour will not be tolerated.
2. Court shall be considered an NCZ. You will not be permitted to bring any items that can
scriptly be used as an offensive weapon unless you are an on-duty LEO. You may not RP non-
scriptly offensive weapons (e.g. a pickaxe) as such. You may not convert non-offensive items
into offensive items in court (e.g. bottles)
3. You may attempt to kill or intimidate witnesses; it should be made clear you are doing so
during your RP that it is because of your case. You may not currently target a Judge or
opposing counsel. If you are caught, it will severely harm your case.
4. While on-duty with the DOJ, usual salary farming rules apply.
5. You may be on-duty with the DOJ and also conduct private legal RP business, however, if you
are called for any DOJ matters, they shall have highest priority.
6. As DOJ, LEO are not your enemy; you should act in an advisory, polite and cooperative
manner as far as possible and expect the same treatment in return.
7. Players who are not interested in Legal RP may not be forced into participating in it.
8. As stated infra, issues relating to OOC matters such as “he shouldn’t have been able to see
my gun” must be resolved before trial. A trial will not occur between parties who have active
OOC issues relating to the case, whether that is forum reports or some sort of personal
dispute.
9. Legal RP must not be used as a way of attempting to “win” due to some sort of OOC “beef”.
You are expected not to take IC matters personally, this is a game, if you cannot approach it
with the right mental perspective, it’s not appropriate to use Legal RP.
10. This is Legal RP, the way you think things should work and the way they actually work are
going to be different. You will need to have an open mind and accept that things may not
necessarily go your way.
11. Filing a civil case against a new player will be generally discouraged, there needs to be a very
good reason for it to occur.