Council
Main AS SIte

Judicial Council

Hearings

Our Process

Once a petition is submitted, the Judicial Council will conduct a Preliminary Hearing at their next regularly scheduled mandatory meeting. The Council will review the petition and decide whether or not to hear the case. The formal hearing will occur not less than two (2) weeks from the time of preliminary hearing unless circumstances dictate otherwise.

Details

Please reference the Judicial Council Benchbook for a detailed breakdown of Judicial Council Hearings.

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General Procedure


Judicial Council proceedings follow a basic trial procedure with an opening statement, witness examinations and a closing statement. The Petitioner always presents his or her side of the case first since they are the one petitioning the case to the Council. The Petitioner makes the first opening statement and conducts his/her direct examinations first. After each direct examination, the respondent has the opportunity to cross examine the witness. Once all the petitioner’s witnesses have been called the respondent begins the direct examinations of his/her witnesses, who are then cross examined by the petitioner.

Once all the witnesses have been called and all the evidence has been recorded, the petitioner makes his closing statement, followed by the respondent. Once the respondent is done with its statement, the Council will move into executive deliberation and dismiss all participants. A decision will be reached and an opinion issued no later than one week after the hearing will be announced.

Article VII §3(C)(6) of the Bylaws of Associated Students outlines formal hearing procedures. 

  1. Format
    1. Adjudication of outstanding motions
    2. Opening Statements
    3. Presentation of arguments, evidence, and cross-examination
    4. Rebuttals and Refutation
    5. Summation
    6. Courtroom returns to Executive Session
  2. The Judicial Council has the authority to impose time limits on proceedings.
  3. Judicial Council has the authority to limit the number of witnesses and/or active participants.
  4. Judicial Council will enter private deliberation and decide the issue(s) based on the arguments and evidence presented.
  5. Judicial Council shall not hear or decide matters not originally raised by the Petitioner(s) in their Petition for Hearing.
  1. Pretrial Motions
    1. Adjudication of outstanding motions
    2. Opening Statements
    3. Presentation of arguments, evidence, and cross-examination
    4. Rebuttals and Refutation
    5. Summation
    6. Courtroom returns to Executive Session
  2. Opening Statements
  3. Petitioner Presentation of Evidence
    1. Petitioner Direct Examination of Witnesses
    2. Respondent Cross Examination of Witnesses
  4. Respondent Presentation of Evidence
    1. Respondent Direct Examination of Witnesses
    2. Petitioner Cross Examination of Witnesses
  5. Rebuttals and Refutation
    1. Petitioner Rebuttal Witness Callback Direct Examination
    2. Respondent Cross Examination of Petitioner Rebuttal Witness
    3. Respondent Rebuttal Witness Callback Direct Examination
    4. Petitioner Cross Examination of Petitioner Rebuttal Witness
  6. Closing Arguments