Courts Ecclesia
Court Rules for
The First House of Electors,
Christ county, kingdom of God
Officially compiled by the Judicial Council,
effective as of the tenth day of the tenth month,
in the year of Our King, nineteen hundred ninety-nine.
Table of Contents |
- 1.0 Adoption
- 1.1 Adoption Resolution
- 1.2 Title
- 1.3 Revision Date
- 1.4 Scope and Purpose
A. Construction
B. Amendment
- 1.5 Venue and Jurisdiction
A. Prior Contract
B. Joinder of Parties
- 1.6 Right of Refusal
- 1.7 Exclusion of Liability
A. Right to Remedy
B. Costs
C. Confidentiality
- 1.8 Form
- 1.9 Just Weights and Measures
A. Language
B. Definitions
C. Interpretation
- 2.0 Court Officers
- 2.1 Holy Oath of Office
- 2.2 Court
- 2.3 Tribunal
- 2.4 Clerk
- 2.5 Judicial Council
- 2.6 Delegation of Duties
- 2.7 Panel
- 2.8 Notarial Officers
- 3.0 Parties
- 3.1 Characterization of Parties
A. Claimant
B. Respondent
C. Counterclaimant
D. Counter-respondent
- 3.2 Assistance
A. Counsel of Choice
B. Authorized Representative
C. Coverture
- 4.0 General Applicability
- 4.1 Initiation of Action
A. Prior Private Attempt at Resolution
B. Claim
C. Counterclaim
D. Notice of Intent
E. Invitation
F. Joinder
G. Waiver of Defect
H. Amendment of Claim
- 4.2 Administrative Procedures
A. Service of Process
B. Scheduling
C. Postponement
D. Mediators and Arbitrators
E. Privacy
F. Confidentiality
G. Forbidden Communication
H. Release of Documents
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- 4.3 Proceedings
A. Preparation
B. Opening Sessions and Hearings
C. Opening Statements
D. Presentation
- 4.4 Costs
A. Standard Costs
B. Other Costs
C. Review
D. Payment
E. Suspension for Nonpayment
F. Return of Costs
- 5.0 Mediation
- 5.1 Answering Statement
- 5.2 Joinder
- 5.3 Session Preparation
- 5.4 Electronic Recordings
- 5.5 Settlement
- 5.6 Adjournment
A. With Day
B. Without Day
- 6.0 Arbitration
- 6.1 Pre-Hearing Administration
A. Answering Statement
B. Joinder
C. Conferences
- 6.2 Evidence
A. Recording of Exhibits
B. Witnesses
C. Evidence by Affidavit
D. Inspection or Investigation
E. Post-Hearing Evidence
- 6.3 Hearings
A. Electronic Recordings
B. Absence of a Party or Authorized Representative
C. Interim or Injunctive Orders
D. Unavailable Evidence
E. Closing Statement
- 6.4 Adjournment
A. With Day
B. Without Day
C. Pending Award
- 6.5 Settlement
- 6.6 Judgment
A. Scope of Award
B. Notice of Award
- 7.0 Post Award Procedures
- 7.1 Review
A. Limitations
B. Confirmation
C. Vacation
- 7.2 Show Cause
- 7.3 Compliance
A. Voluntary
B. Enforcement-Order
C. Other Enforcement Options
- Appendix A
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1.0 Adoption
1.1 Adoption Resolution: Be it Resolved, by a Quorum of the First House of Electors, Christ county, kingdom of God, hereinafter "House," Assembled in lawful popular assembly on this fourteenth day of the sixth month, in the year of Our Lord and Savior Jesus, the Christ, nineteen hundred ninety-eight, that the Rules for mediation and arbitration submitted to this House by the Christian Dispute Resolution Council are adopted to the Courts Ecclesia for Christ county, kingdom of God, and this House, and are submitted to the Judicial Council therefor, for the purpose of making them suitable for the use of said courts. (HR 347; HR 333; P&P Art. 6 Sec 4)
1.2 Title: These Rules may be known and cited as the Court Rules for the First House of Electors, Christ county, kingdom of God; and referred to herein as "Rules."
1.3 Revision Date: These Rules were last revised on the tenth day of the tenth month, in the year of Our Lord and Savior Jesus, the Christ, nineteen hundred ninety-nine.
1.4 Scope and Purpose: These Rules govern the mediation and arbitration procedures for the Courts Ecclesia of this House, regarding all disputes, whether cognizable as cases at law or in equity, and shall be strictly construed to be in harmony with the substantive and positive laws of the Holy Scriptures as written in their original tongues and translated in the Books of the King James Bible, Authorized Version, Anno Domini, sixteen hundred eleven; and that said Holy Scriptures are made a part hereof as though fully presented herein.
- Construction.
These Rules shall be construed to be an extension of Christendom, and shall be administered to secure a righteous judgment for every dispute in a private, prompt, and affordable manner, with the purpose of securing peace and safety for the people on the land.
- Amendment.
These Rules may be amended by the Judicial Council, pursuant to, and subject to, the Authority granted by the House. Any amendment to these Rules shall be strictly construed to simplify and clarify these Rules.
1.5 Venue and Jurisdiction: Regardless of the venue, these Rules define the extent of the Court's jurisdiction over the parties, the things in dispute, and the subject-matter, with regard to all disputes lawfully delegated to the Court for resolution. The Court shall construe that the parties have made these Rules, as amended and in effect as of the date of the submission of the dispute to the Court, a part of their agreement as though fully presented therein. These Rules shall apply to all cases wherein the disputing parties have joined with the Court pursuant to these Rules and to each other either by:
- Prior Contract.
Invoking a pre-dispute mediation or arbitration clause in their agreement; or,
- Joinder of Parties.
Agreeing in writing to submit an existing
dispute to the Court.
1.6 Right of Refusal: The Court reserves the right to refuse to accept any dispute by Its Own motion (sua sponte), with or without cause, and without prejudice to the rights of any party.
1.7 Exclusion of Liability:
- Right to Remedy.
No other lawful proceeding by a party relating to any subject-matter in dispute shall be deemed a waiver of the party's right to mediate or arbitrate through the Court.
- Costs.
No Officer of the Court shall be liable for any costs incurred by the parties, including, but not limited to the costs presented in the Rule regarding Costs.
- Confidentiality.
No Officer of the Court shall be required to testify in any judicial, administrative, or other forum regarding Court proceedings, or any dispute related thereto.
1.8 Form: These Rules shall apply in the form obtained at the time a dispute is submitted to the Court. The forms contained in Appendix A are sufficient under these Rules, and are intended to indicate the simplicity and brevity of statement which these Rules contemplate.
1.9 Just Weights and Measures:
- Language.
All process shall be issued in the English language, and shall be ordinary, concise, and without repetition, and in such a manner as to enable any one of common understanding to know what is truly intended. It is preferable that foreign words be italicized and placed in parentheses.
- Definitions.
Unless otherwise defined herein, all words, terms, and phrases shall be defined as they appear in the official House References as defined in the Principles and Practices for this House in Article three, Section one-C.
- Interpretation.
These Rules shall be interpreted subject to the Scope and Purpose of these Rules. No discrepancy in these Rules, or interpretation thereof, shall make null and void the body of these Rules. The order of authority for interpretation shall be as follows:
- Judicial Council.
The Judicial Council shall have the supreme authority to interpret these Rules.
- Mediator or Arbitrator.
The mediator or arbitrator may interpret these Rules during the course of a mediation session or arbitration hearing. Any party may challenge an interpretation at the time the interpretation is made. If the interpretation is not resolvable during the session or hearing, the challenging party may submit a completed Challenge to Interpretation Form to the Clerk for a final determination by the Judicial Council.
- Party's Agreement to Vary Rules.
The parties may vary the procedures set forth in these Rules by written agreement and notification to the Clerk, subject to Court approval.
2.0 Court Officers:
2.1 Holy Oath of Office: All officers of the Court shall be required to give the Holy Oath of Office of this House, which shall be as follows: (P&P Art. 5, Sec. 1B)
"As the Lord Liveth, I, [Full Christian Appellation], do solemnly give My word that I will hear the causes between My brothers, and judge righteously between every man and his brother, and the stranger that is with him, and will hear the small as well as the great; That I will not respect persons in judgment; That I will not be afraid of the face of man, for the judgment is God's; That I will not wrest judgment, neither take a gift; That I will follow that which is altogether just, and faithfully and impartially do all the duties incumbent upon Me to the best of My abilities as [Mediator / Arbitrator] pursuant to the substantial and positive laws as written in the King James Bible, Authorized Version, Anno Domini, sixteen hundred eleven. In the Name of Jesus, the Christ, and Thankful to the Father. Amen"
2.2 Court: The word "Court" as used in these Rules shall be generally construed to mean the joinder of parties in dispute, with the Officers of the Court under these Rules, for the purpose of resolving said dispute. Where specific duties are attributed to the Court, said duties shall be performed by, or under the direction of the mediator or arbitrator, subject to oversight or review by the Tribunal.
2.3 Tribunal: Any three Judges of this House, sitting together for the purpose set forth in these Rules, shall be known as the Tribunal. (HR 331; P&P Art. 6 Sec 1)
2.4 Clerk: The office of Court Clerk shall be administered by
the Scribe. (HR 177; P&P Art. 5 Sec. 4D3)
2.5 Judicial Council: The Judicial Council shall consist of the Chairman, Scribe, and House Judges. (HR 332; P&P Art. 6 Sec. 3)
2.6 Delegation of Duties: The Authority of the Court may be
lawfully delegated as the Court deems prudent
2.7 Panel: The Court may establish and maintain a panel of mediators and arbitrators who may be other than elected Judges of this House, to call upon in selected cases. All mediators and arbitrators who are not elected House Delegates already under Oath shall be required to give the Holy Oath of Office before performing any delegated duties.
2.8 Notarial Officers: Each member of the Judicial Council is authorized to administer oaths, give acknowledgments, and to certify and seal documents, either with the Great Seal of Christ county, or with a seal adopted by the Judicial Council for this purpose. The Judicial Council may appoint additional notarial officers, only by unanimous assent, which may be revoked at any time by majority-vote.
3.0 Parties: A party is anyone who is joined under the Jurisdiction of these Rules. Every action shall be prosecuted in the proper Christian Appellation or name of the Proper Party in interest who may be join under the Jurisdiction of these Rules.
3.1 Characterization of Parties: The terms party, claimant, respondent, counterclaimant, and counter-respondent, used within these Rules, may include the plural.
- Claimant.
The party making a claim shall be known as the
"claimant."
- Respondent.
The alleged offending party upon whom a claim is
made shall be known as the "respondent."
- Counterclaimant.
The party making a counterclaim shall be
known as the "counterclaimant."
- Counter-respondent.
The alleged offending party upon whom a
counterclaim is made shall be known as the "counter-respondent."
3.2 Assistance: Parties may utilize the following types of
assistance under these Rules:
- Counsel of Choice.
A party may have a counsel of choice, who
may only act as an advisor to the party, but may not speak for a party.
- Authorized Representative.
A party may have an authorized
representative, subject to the following conditions:
Prior to any authorized representative having standing under these Rules, a true and correct copy of the delegation of authority from the party must be filed with the Court Clerk, together with said authorized representative's proper Christian Appellation or name, mailing location or address, other contact information, and the signed acceptance of Same, at least five (5) days prior to the mediation session or arbitration hearing in which said party is to first appear.
When said authorized representative initiates mediation or arbitration, or responds for a party, notice of representation is deemed to have been given, provided that proof to represent said party accompanies said initiation or response.
Before an attorney may be an authorized representative, said attorney must:
Produce the license granted by the appropriate governing body from which said attorney comes (Membership to any Bar Association or like-kind is not sufficient for said attorney to be a party's authorized representative.);
Produce a bond equal to, or greater than three times the value of the expected award, payable to the Court, for apportionment to the damaged party.
- Coverture.
The Scriptural principal of coverture is in full force and effect, for the benefit of wives, widows, minors, and the mentally incompetent (non compos mentis). The one who is to cover a party shall be known as an authorized representative.
- Wives.
If a wife is party to a dispute, then she shall be under the coverture of:
Her husband; or,
Her father, or other Scriptural designation, if her husband is unable to cover her, or if said dispute is with her husband.
- Widows, Minors, the Mentally Incompetent.
A party who is a widow, or less than twenty years of age, or is mentally incompetent, shall be construed to be under the coverture of the party's father, lawful guardian, or other Scriptural designation.
- Vacancy.
If no one comes forward to cover a party, said party shall be construed to be under the coverture of the Court, who will appoint a cover. Said cover shall pursue an action in support and defense of said party.
4.0 General Applicability: The following procedures are common to all actions taken pursuant to these Rules:
4.1 Initiation of Action: Actions may be initiated pursuant to
these Rules, only as follows:
- Prior Private Attempt at Resolution.
No party shall file a claim with the Court if said party has not made a good faith attempt to resolve the dispute through private negotiations pursuant to the Book of Matthew, chapter eighteen, verse fifteen: "Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother." Said good faith attempt shall include, but not be limited to, the claimant giving written notice to the respondent which explains the nature of the dispute and the proposed solution, or a written affidavit of the face-to-face attempt to resolve said dispute.
- Claim.
If a party has made a good faith attempt to resolve the dispute, but there is an impasse to a resolution of said dispute, then said party may initiate mediation or arbitration by separately or jointly filing a claim pursuant to the Book of Matthew, chapter eighteen, verse sixteen: "But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established."
- Counterclaim.
A counterclaim shall be filed as a claim.
- Notice of Intent.
The claimant shall serve upon the other party a copy of the completed Dispute-Resolution ApplicationForm within five (5) days of its filing; said Form shall suffice as a written Notice of Intent to mediate or arbitrate.
- Invitation.
The claimant may request the Clerk to invite the respondent to join in a submission to mediation or arbitration. Upon receipt of such a request, the Clerk will attempt to contact the respondent involved in the dispute and attempt to obtain Joinder. The claimant shall pay the cost of service of process.
- Joinder.
Mediation or arbitration may proceed when the Court
has joinder with the parties.
- Waiver of Defect.
If a party proceeds with mediation or arbitration after having knowledge that a party has not complied with any provision or requirement of these Rules, and said party fails to make a timely challenge, preferably in writing, said party shall have waived the right to challenge said provision or requirement.
- Amendment of Claim.
After filing a claim, the claimant may make one amendment to said claim. Said amendment shall be made as if it were a new claim. There is no additional filing cost for an amendment.
4.2 Administrative Procedures: All actions under these Rules are subject to the following administrative procedures:
- Service of Process.
Unless a timely challenge is made to mode or sufficiency, service of process shall be construed to have been made timely and in good faith, when done as follows:
Hand delivery with evidence by the verified statement of the process server.
First-class Matter delivered to a party at the last known address. (commercial location or [de facto] government zone or region)
Electronic transmission provided that an executed original, or a true and correct copy thereof, is subsequently served timely, pursuant to either Rule "1" or "2" above.
- Scheduling.
The Clerk shall set the date, time, and location of each session or hearing. The Clerk shall serve a notice of the session or hearing to the parties and mediator or arbitrator at least ten (10) days before the session or hearing date. If a party objects, for good cause, to the date, time, or location requested by the other party, the mediator or arbitrator shall have the final and binding authority to determine the date, time, and location of the session or hearing.
- Postponement.
Any party causing a postponement of any scheduled session or hearing must pay the postponement cost. A party, for good cause shown with or without the agreement of all parties, may request to postpone any session or hearing; said postponement is subject to the approval of the mediator or arbitrator.
- Mediators and Arbitrators.
Only one (1) mediator or arbitrator shall be appointed to a case; except, if more than one mediator or arbitrator is deemed prudent, then an odd number shall be chosen.
- Appointment.
Mediators and arbitrators may be appointed to a case as follows:
- Party.
If the parties agree on an appointment, then notice shall be given to the Clerk; said notice shall include the mediator or arbitrator's proper Christian Appellation or name, mailing location or address, and other contact information.
- Clerk.
If the parties have not agreed on an appointment, then appointments shall be made in the following manner:
The Clerk shall simultaneously send to each party an identical list of names of mediators or arbitrators chosen from the Panel.
Each party shall have ten (10) days in which to:
strike objectionable names from the list of mediators or
arbitrators;
number the remaining names in order of preference, and
return the list to the Clerk.
The Clerk shall select mediator(s) and arbitrator(s) from the returned lists pursuant to the specified preferential order thereon. If a party does not return the list timely, then all mediators or arbitrators named on the list shall be deemed acceptable to said party.
- Notice of Appointment.
Whether appointed mutually by the parties or by the Clerk, the Clerk shall send a Notice of Appointment to the mediator(s) or arbitrator(s), together with a copy of the Dispute-Resolution Form and any pertinent documents, and, if appropriate, a copy of these Rules. The signed acceptance by the mediator(s) or arbitrator(s) shall be subject to the Rule regarding Notice of Bias, and filed within five (5) days with the Clerk prior to the opening of the first session or hearing.
- Objections.
If a party objects to the appointment of an mediator or arbitrator, then the Tribunal shall determine whether the mediator or arbitrator should be disqualified, and shall notice the parties of its final and binding decision.
- Notice of Bias.
Subject to the Rule regarding Waiver of Bias, no one shall serve as a mediator or arbitrator on any case, who has knowledge of any circumstance likely to affect impartiality, including, but not limited to, any bias, personal or financial interest in the outcome of the mediation or arbitration, any past or present relationship with the parties or their representatives, or is unable to serve promptly; and that any appointed mediator or arbitrator shall notice the Clerk of such bias by a Notice of Bias. Upon receipt of a Notice of Bias the Clerk shall give notice of Same to the Tribunal, parties, and mediators or arbitrators connected with the case.
- Waiver of Bias.
If the parties agree to give a Waiver of Bias, then the mediator or arbitrator shall not be subject to disqualification for reasons disclosed in said Notice of Bias, subject to Tribunal approval.
- Vacancies.
If any mediator or arbitrator shall become unable or unwilling to perform official duties, then on satisfactory proof thereof, the Clerk shall declare the office vacant, and shall replace the mediator or arbitrator pursuant to the Rule regarding Appointment.
- Privacy.
Mediation sessions and arbitration hearings are private; normally only the parties, their counsels of choice or authorized representatives, the mediator(s) or arbitrator(s), and witnesses, may attend. The arbitrator may determine if it is appropriate for anyone else to attend.
- Confidentiality.
All Officers of the Court, and the parties, shall keep in confidence, and shall not be compelled to divulge to any stranger (non-party), any information, documents, or evidence disclosed or presented during mediation or arbitration proceedings.
- Forbidden Communication.
Except during sessions or hearings, direct communication between the parties and any mediator or arbitrator, with regard to any cause before the Court, is forbidden. All communication shall be directed to the Clerk, who shall make a record of same.
- Release of Documents.
The Clerk shall, upon written request of a party to a dispute, provide said party, at said party's cost, certified copies of any documents in the Court record, regarding said party's dispute. The Clerk shall not release said documents to any stranger (non-party), except by mutual consent of all parties, and subject to Court approval.
4.3 Proceedings: The following procedures shall be applied to
both mediation sessions and arbitration hearings:
- Preparation.
At the first session or hearing, the parties will be expected to produce all information reasonably required for the mediator or arbitrator to understand the issues and to fulfill the office's duties.
- Opening Sessions and Hearings.
At the opening of the session
or hearing, the mediator or arbitrator shall:
Offer an opening prayer in the Name of Jesus, the Christ, and Thankful to the Father, regarding the case-at-hand.
Declare the session or hearing open;
Record the date, time, and place of the session or hearing and the Christian Appellations or names of all who are present;
Give Notice to the parties of their standing pursuant to the Book of Matthew, chapter eighteen, verses fifteen through seventeen;
Give Notice to those present of the Rules regarding Privacy and Confidentiality; and,
Read to the parties the filing forms, any answering statement, and any other pertinent information provided to the Court, or in these Rules.
- Opening Statements.
The mediator or arbitrator may, at the beginning of the session or hearing, ask for opening statements, first from the claimant, then the respondent; said opening statements should:
Describe the dispute;
Indicate what is to be proven; and,
Declare the remedy sought.
- Presentation.
The claimant shall present its claim, then the respondent shall present its response. The parties shall be given a full and equal opportunity to present any relevant and material evidence.
4.4 Costs. The cost of actions brought under these rules shall
include the following:
- Standard Costs.
Standard costs shall be set by the Judicial Council, and the costs in effect at the time a dispute is submitted to the Court shall remain in effect until the dispute is resolved. All standard costs shall be listed on the Dispute-Resolution Application and shall include the following:
- Filing Costs.
There is a non-returnable filing cost to be paid at the time of filing.
- Administrative Costs.
Administrative costs are payable upon application for the requested action, and shall include the following:
- Invitation.
There is a cost to the claimant that requests the Clerk to invite someone not joined as a party to join in a submission to mediation or arbitration.
- Service of Process.
There is a cost payable by a party that requires the Clerk to attempt to perfect service of process.
- Copies.
There is a cost payable for all Certified copies of Court documents.
- Other Costs.
Other costs shall be determined by the court clerk as costs arise, and shall be paid as stated in the settlement or award. Said costs may include, but are not limited to the following:
Required travel or incidental costs of a mediator or arbitrator and Court representatives;
Evidence, investigations, or expert counsel produced at the direct request of a mediator or arbitrator;
Party-appointed witness(es), mediator(s), or arbitrator(s);
Postponement.
- Review.
There shall be a separate filing cost for the
confirmation, modification, vacation, or correction of an award.
- Payment.
Costs are expressed, and should be paid, in silver coin of the United States of America, pursuant to the Mint and Coinage Act of A.D. 1792 and as amended in A.D. 1837, and issued before Anno Domini, nineteen hundred and thirty-three. Exceptions shall be subject to the prior approval of any member of the Tribunal. In the event of hardship on the part of a party, any member of the Tribunal may authorize a deferment, reduction, or cancellation of the administrative or other costs subject to oversight or review by the Tribunal. Under no circumstance shall the Court accept Federal Reserve Notes or other negotiable instruments as discharge of said costs; debts shall not be discharged, but shall be paid.
- Suspension for Nonpayment.
If any cost has not been paid in full, then the Clerk shall inform the parties and the mediator or arbitrator. If such payments are not made, the mediator or arbitrator may order a suspension or termination of the proceedings.
- Return of Costs.
Once the parties agree to mediation or arbitration, no cost to the parties shall be returned, except if the Court is unable to appoint a mediator or arbitrator, or for any other reason must terminate its ministry.
5.0 Mediation:
5.1 Answering Statement: After receiving the Notice of Intent, the respondent may file an answering statement with the Clerk, and timely serve a copy on the claimant. If no answering statement for a mediation case is filed within ten (10) days, then a member of the Tribunal shall dismiss the case without prejudice.
5.2 Joinder: The Court shall be construed to have joinder with the parties when a claim has been filed and the respondent has signed and filed an answering statement.
5.3 Session Preparation: At least five (5) days prior to the first scheduled mediation session, each party may provide the Clerk with a brief memorandum setting forth the party's position with regard to the issues that need to be resolved. At the discretion of the mediator, such memoranda may be mutually exchanged by the parties, and any party may be required to submit additional information.
5.4 Electronic Recordings: There shall be no electronic recordings of mediation sessions.
5.5 Settlement: If the parties settle their dispute during the course of the mediation, the mediator shall verify the specifics of the written settlement, and shall make sure that the terms of said settlement are clear, concise, correct, and comprehensive. Any unsettled issue, shall be specified in the written settlement, and, if the parties agree, said issues may be moved to arbitration. The written settlement shall be signed by the mediator and each party.
5.6 Adjournment: After a session is adjourned with or without day, the mediator shall offer a closing prayer in the Name of Jesus, the Christ, and Thankful to the Father, regarding the case-at-hand. Sessions may only be adjourned as follows:
- With Day.
The mediator may adjourn a session with day by giving notice to the parties of the date, time, and location of the next session.
- Without Day.
The mediator may adjourn the session without day (sine die) after:
The execution of a written settlement agreement by the parties;
A written submission to arbitration agreed to by the parties;
The mediator or a party make a written declaration that further efforts at mediation will not contribute to a resolution of the dispute between the parties,
6.0 Arbitration:
6.1 Pre-Hearing Administration
- Answering Statement.
After receiving the Notice of Intent, the respondent may file an answering statement with the Clerk, and timely serve a copy on the claimant. If no answering statement for an arbitration case is filed within twenty-one (21) days, then:
A member of the Tribunal may dismiss the case without prejudice, except if the respondent has a contractual obligation to arbitrate the dispute; or
If the respondent has a contractual obligation to arbitrate the dispute, then failure to file an answering statement for an arbitration case within said twenty-one (21) days shall be treated as a denial of the claim, and shall not delay the arbitration proceedings.
- Joinder.
The Court shall be construed to have joinder with
the parties when a claim has been either:
Filed jointly between all interested parties.
Filed together with a true and correct copy of a contract wherein the parties have delegated to the Court the right to arbitrate disputes arising therefrom.
Filed, and the respondent has signed and filed an answering statement.
- Conferences.
At the request of a party, or at the discretion
of the Court, a Prehearing conference may be scheduled to:
Determine proper parties;
Determine or secure joinder;
Determine authorized Representative, and possible need for Coverture;
Specify the issues to be resolved;
Stipulate to uncontested facts;
Determine the extent of, and schedule for, producing relevant and material evidence;
Identify any witnesses and the relevancy and materiality of their testimony;
Consider any other matters that may expedite the proceedings.
6.2 Evidence: The arbitrator shall determine the relevancy and materiality of the evidence presented. All evidence shall be taken in the presence of all the parties and the arbitrator, except where any party is absent or has waived the right to be present. Evidence shall only be accepted as follows:
- Recording of Exhibits:
The Claimant's Exhibits shall be numbered, "Exhibit One", "Exhibit Two", "Exhibit Three", (etc.), in order of presentation.
The Respondent's Exhibits shall be lettered, "Exhibit A", "Exhibit B", "Exhibit C", (etc.), in order of presentation.
- Witnesses.
An arbitrator is authorized to summons, call, or direct a party or witness to produce information, documents, or evidence as the arbitrator may deem appropriate to fully understand the dispute and enter a righteous judgment on the award. Witnesses shall be subject to the following protocol:
No witness shall be present in the hearing room during the proceedings except to be questioned or otherwise examined; nor shall witnesses wait to testify in the same room.
When a witness is brought into the hearing room, the arbitrator shall record the proper Christian Appellation of the witness, and inform said witness of the following: That,
An opening prayer has been offered with regard to the case;
Rules regarding Privacy and Confidentiality apply to said witness;
The witness is required to testify under Oath, or shall have no standing to testify. The Oath shall be administered with both hands of the Oath-maker placed upon a King James Bible, Authorized Version, A.D. 1611, opened to the Book of Dueteronomy, chapter twenty-eight, and said witness shall state the following:
"I, [Full Christian Appellation], knowing the punishment for bearing false witness, do solemnly give My word that My testimony shall be true, correct, and complete, and not intended to be misleading, in the Name of Jesus, the Christ. Amen."
- Evidence by Affidavit.
The arbitrator may receive witness
testimony by affidavit.
- Domestic.
Affidavits given by people of Christ county shall be deemed sufficient if an averment of truth or authenticity is subscribed in the presence of:
not less than two witnesses also of Christ county, or
an officer of Christ county authorized to administer oaths, when accompanied by an official Christ county notarial seal.
- Foreign.
- Officers.
Certifications by a foreign officer shall be deemed sufficient if an averment of truth or authenticity is made, and the officer's signature appears together with the official seal of his office. Signatures of deputies or other underlings must be accompanied by a delegation of authority signed and sealed by the officer.
- Others.
Affidavits by other foreign persons shall be deemed sufficient if an averment of truth or authenticity is subscribed, pursuant to penalties of false-witness (perjury) under his own law-forum, in the presence of two witnesses and an officer of his law-forum authorized to administer oaths. The officer may act as one of the required witnesses.
- Inspection or Investigation.
An arbitrator may inspect or investigate evidence in connection with the case. The arbitrator shall make a written report of all investigations, which shall become a part of the record.
- Post-Hearing Evidence.
If the arbitrator directs that evidence be submitted after the hearing, said evidence shall be filed with the Clerk and forwarded to the arbitrator. All parties shall have the opportunity to examine, and respond to, said evidence.
6.3 Hearings: Hearings shall be conducted according to generally applicable proceedings, except for the following:
- Electronic Recordings.
Only the arbitrator may make an electronic record of the hearing's proceedings. The recording shall remain in the charge of the arbitrator, who may forward them to the Clerk to be reposited. Once the award has been properly executed, the recordings shall be destroyed.
- Absence of a Party or Authorized Representative.
An award shall not be made solely on the failure of a party to be present. Absence of parties and/or authorized representatives who, after due notice, fail to be present, or fail to obtain a postponement, shall be handled as follows:
- Coverture.
Where it has been determined that a party is under the coverture of another, absence of the cover shall be treated as follows:
- First Absence.
The first time that the cover is absent, the arbitrator shall designate a second cover, pursuant to the Rule regarding Coverture (3.2C), and subject to Court approval. The hearing shall be adjourned with day, and treated as a postponement, with the cost to be settled by the first cover. The Clerk shall obtain any necessary agreements from the second cover, and serve notice upon the parties as to all contact-information for Same.
- Second, and Subsequent Absences.
Both the first and second cover shall be required to appear at the second hearing. Authority to represent the party may be determined as follows, subject to the descretion of the arbitrator:
If it is determined that the first cover's absence without notice was for good cause, then the second cover may be excused.
If it is determined that the first cover's absence was without sufficient cause, then the first cover may proceed as the primary authorized representative of the party, but the second cover may be required to continue to be present until the cause is adjourned without day.
If the first cover fails to appear a second time, then Same may be excused, and replaced by the second cover.
- Typical.
Except in a case involving coverture, the arbitration may proceed.
- Interim or Injunctive Orders.
The arbitrator may issue interim or injunctive orders without prejudicing the rights of the parties or the award.
- Unavailable Evidence.
If evidence or witness testimony is to be presented, but is not available at the hearing, the arbitrator shall set the final date for the receipt of said evidence or testimony, and declare the hearing adjourned pending award.
- Closing Statement.
If the arbitrator deems that each party has had a full and equal opportunity to present its case, and the record is complete, then arbitrator shall specifically inquire of all parties whether they have any additional evidence or witnesses to present. Upon receiving negative replies from each party, the arbitrator shall offer to the claimant, then to the respondent, the opportunity to make a brief closing statement; said closing statement should:
Summarize the party's position, and the testimony and evidence presented;
Counter the testimony and evidence presented by the opposing party; and,
Declare the proposed final remedy to the dispute.
6.4 Adjournment: Whenever a hearing is adjourned, with or without day, the arbitrator shall offer a closing prayer in the Name of Jesus, the Christ, and Thankful to the Father, regarding the case-at-hand.
- With Day.
The arbitrator may adjourn a hearing with day by giving notice to the parties of the date, time, and location of the next hearing.
- Without Day.
An arbitrator may adjourn a hearing without day only after the cause has been settled, or a judgment or award has been rendered.
- Pending Award.
Any adjournment done for the purpose of deliberating an award or judgment shall be done with day, and a hearing shall be set not more than fourteen days subsequent to the current hearing.
6.5 Settlement: If the parties settle their dispute during the course of the arbitration, the arbitrator shall set forth the terms of the settlement pursuant to the Rule regarding Mediation Settlement.
6.6 Judgment: All decisions regarding a case including, but not limited to, the judgment on an award, shall be made by majority vote of the arbitrators. Awards shall be rendered as follows:
- Scope of Award.
The arbitrator may grant any restoration
within the scope and purpose of these Rules, and pursuant to the
agreement between the parties, including monetary amount or specific
performance. The arbitrator shall, in the award, notice any costs as
provided by these Rules, in favor of any party or the Court.
- Notice of Award.
The arbitrator shall file the award with the
Clerk, who shall serve a Notice of Award to each party.
7.0 Post Award Procedures
7.1 Review: A party may petition the Tribunal to review an award within ninety (90) days from the award entry, upon the petitioner\92s averment that a party has not complied with the Award.
- Limitations.
The Tribunal\92s authority to Review an award is extremely limited, subject to the following considerations:
There is a presumption in favor of the validity of an award. (An award is a judgment [Arbitrium est judicium.]; A thing adjudged must be taken for truth [Res judicata pro veritate accipitur.]).
The Tribunal\92s authority to take any action other than to vacate, is subject to the Tribunal\92s finding that jurisdiction was secured in arbitration.
Upon finding that any of the following grounds have merit, the Tribunal may vacate, modify, or correct the award:
Jurisdiction was not secured in arbitration;
The award was procured by corruption, fraud, or other undue means;
There is evidence that the arbitrator was partial or interested;
There is evidence that the arbitrator was guilty of misconduct by:
Refusing to postpone a hearing upon being given notice with good cause,
Refusing to hear relevant and material evidence, or
Engaging in any other misbehavior which prejudiced a party;
The arbitrator exceeded the delegated authority, or so improperly executed said authority, that a mutual, final, and definite award on the subject-matter was not made;
There is evidence of a material miscalculation of figures, or a material mistake in a description of a party, person, place, or thing referred to in the award; or
There is an error in the form of the award, not affecting the merits.
- Confirmation.
Absent any grounds to vacate, modify, or correct, the Tribunal shall confirm the award. If during the review process the Tribunal finds any grounds to modify or correct the award, or a part thereof, then the Tribunal shall make such modification or correction, and then confirm the award.
Modification. If the Tribunal finds that the award is written in language which may be easily misconstrued, or is contradictory, then the Tribunal may modify the language to clarify the intent expressed in arbitration.
Correction. The Tribunal may correct errors of form, miscalculation, and other clerical mistakes found in the award.
- Vacation.
If the Tribunal finds grounds to vacate the award, or a part thereof, then it may either remand the Matter to arbitration, or dismiss the Matter without prejudice.
7.2 Show Cause. Upon confirmation of the award, the Tribunal may issue a Summons and Order to Show Cause, and direct the Court to schedule a hearing for Same. Notice of Hearing shall be given to the parties, and to the arbitrator(s) who will hear the Matter. If the arbitrator finds that no cause exists which would prevent enforcement of the award, then the arbitrator may petition the Tribunal to issue an Enforcement-Order.
7.3 Compliance.
- Voluntary:
Each party shall timely comply with the award.
- Enforcement-Order:
Upon receipt of an arbitrator\92s Judgment on Show-Cause, and Petition for Enforcement-Order, the Tribunal may Review Same, and issue an Enforcement-Order directing a sheriff, constable, or other proper law enforcement officer, in a ministerial capacity, to take appropriate action to perfect the terms stated in the Enforcement-Order. No Enforcement-Order shall issue within seven days from the service of a Default Judgment on Show Cause.
- Other Enforcement Options:
Upon receipt of a Report on Enforcement which indicates that the Enforcement-Order could not be perfected, the Tribunal may seek other forms of enforcement including, but not limited to, the petition to a foreign court for enforcement of Same.
Appendix A
General Requirements, Styles and Forms
- General Filing and Recording.
All documents shall, when possible, be made on standard letter-size paper, eight and one-half inches wide, by eleven inches long. The top margin shall be no less than one and one-eighth inches, to allow for filing and recording information. The bottom margin shall be no less than one-half inch, and the side margins no less than three-quarters of an inch. Original evidence is excluded from this requirement.
The Christ county Banner should be displayed in the upper-right corner.
All documents shall be typewritten, or neatly hand-printed so as to be legible.
All documents signed, or required to be signed by the office of Clerk shall only be valid if the Court Seal is impressed thereon.
All documents filed or recorded with the Clerk shall have original signatures thereon, attested to by the Clerk, or witnessed by no fewer than two Christian men or women.
All documents filed or recorded with the Clerk shall contain an effective date, and the current mailing locations of all parties thereto.
A cost is established for filing and recording, as well as obtaining copies of documents already in the Records. One-half of the sums collected shall be retained by the Clerk in consideration of his labor, and the balance shall go into the Treasury. Costs shall be as follows:
Filing. Documents filed in the Clerk's records shall be subject to prior payment to the Clerk of the sum of seventy-five cents for the first page, and ten cents for each additional page.
Recording. Recording of documents shall be subject to prior payment to the Clerk of the sum of fifty cents for the first page, and ten cents for each additional page.
Copies. Certified copies of documents already filed or recorded may be obtained by first paying to the Clerk the sum of ten cents per page requested.
- General Style and Requirements for Court documents.
In instances where a specific form has been adopted for use by the Court, that form shall take precedence over these styles.
When Jurisdiction has not yet been established in any matter, the top heading of all Court documents shall read:
Courts Ecclesia for the First House of Electors, Christ county, kingdom of God
When Jurisdiction has been established in any matter, the top heading of all Court documents shall read:
In the Courts Ecclesia for the First House of Electors, Christ county, kingdom of God
Immediately below the top heading of all Court documents shall be the mailing location where the Court may be accessed, which is currently as follows:
c/o Kayo Ian; Post General, general delivery, Benzonia post office, Benzonia, Michigan
Following the mailing location for the Court shall be a title for the document, which best captions the intent of the document. The title shall be centered, and made bold, so as to be prominent and easily seen.
Following the document title shall be the inscription:
In the name of Our Sovereign Lord and Saviour Jesus, the Christ, King of kings:
Documents, such as a Summons, which are addressed to a specific party, shall clearly identify such party beneath the inscription of Our King.
Below the headings, but prior to any other information, all Court documents shall clearly identify the parties, and the cause as follows:
In the Matter between:
___________________________ _____________________________
Dispute: ____________
___________________________ _____________________________
Claimant Respondent
Signatures
Party. No Court document shall be valid if not signed by the required parties. Signatures shall be made in the following style:
Executed and Sealed by the voluntary act of My own Hand, Witnessed by My Sovereign Lord and Saviour Jesus, the Christ, and Thankful to the only true God, the Father, on this [day] day of the [month] month, in the year of Our King, [year].
Averment. Averments shall be made in the following style:
[Party] does solemnly aver that all of the above-written Statments are true, correct, complete, and not intended to be misleading, of [Party's] own first-hand knowledge.
Witnesses. Witnesses shall use the following Certification:
We, the Undersigned, having ascertained that Our Brother has read and knows the contents of this Writing, did witness His Execution and Sealing of Same, and do hereby testify to the forgoing, by voluntary act of Our own Hands, before Our Sovereign Lord and Saviour Jesus, the Christ, King of kings.
Clerk. The Clerk may sign notices where no judicial determination is required. The Clerk's signature shall be accompanied by the Court Seal, or if the Seal is not available, by the Clerk's thumbprint.
Judicial. Signatures of arbitrators and judges shall be accompanied by the Clerk's attestation of authenticity.
- Styles for Specific Process.
Certificate of Service of Process
I, the Undersigned, do hereby certify that on the [day] day of the [month] month, in the year of Our King, [year], I did serve that certain document titled [document title] and dated [date of the execution of document], upon [proper appellation of party to whom process was served], by [(hand-delivery), (United States First Class mail), other: specify].
[Signature and Seal of process-server]
Notice of Appointment
You have been duly Appointed [(mediator), (arbitrator)] for the above referenced Matter. If you have not given the Holy Oath of Office you are required to do so before beginning your official duties. If you are unable to accept this Appointment for any reason, written notice must be given to the Clerk within three days.
Notice of Bias
I, the Undersigned, having been duly Appointed for the above referenced Matter, am unable or unwilling to minister to said Matter for the following reason(s) of bias as checked and explained below:
_____ Personal or financial interest in the outcome of the dispute.
_____ Past or present relationship with the parties or their representatives.
_____ Unable or unwilling to serve promptly.
_____ Other bias. Explain: [Include detailed explanation.]
Therefore, unless all Parties to said Matter sign a Waiver of Bias, then I shall be unqualified.
[Signature of mediator/arbitrator]
Waiver of Bias
[(I), (We)] the Undersigned [(Party), (Parties)] to the above referenced Matter, hereby waive any present or future claim of bias against [appointee] arising from any possible damages incurred by way of bias as described in the Notice of Bias dated [date].
[Signature of Party/Parties]
Notice of Session / Notice of Hearing
You are hereby given Notice of a [(Session), (Hearing)] regarding the above referenced Matter, to be convened on the [day] day of the [month] month, in the year of Our King, [year], at [time] o'clock in the [(morning), (afternoon), (evening)], and located at [location].
[Signature of Clerk]
Directed Summons: (Jurisdiction not secured)
Please be advised that a dispute between the Claimant and Respondent has been submitted to this Court. You have been named as a:
Respondent: You may answer or otherwise respond to this Summons by directing Same within [days] days to the Court Clerk, at the above listed mailing location.
Witness: You are directed to appear at the following location, at the time listed: [location, day and time].
If you recognize the Son of the only true God as your Saviour, and your Sovereign Lord, King of kings, then you are hereby directed to recognize and obey this Summons, or to timely show lawful cause as to your refusal of Same. Failure to comply with this Summons will create a condition of fault, and shall be construed as evidence of bad faith.
This Summons is invalid if it is not served upon the above listed Party on or before the [day] day of the [month] month, in the year of Our King, [year].
[Signature of Tribunal Member or Arbitrator]
[Attestation of Clerk]
Summons
Please be advised that a dispute between the Claimant and Respondent has come under the Jurisdiction of this Court. You have been named as a:
Respondent: You may answer or otherwise respond to this Summons by directing Same within [days] days to the Court Clerk, at the above listed mailing location.
Witness: You are ordered to appear at the following location, at the time listed: [location, day and time].
You are obligated to recognize the Jurisdiction of this Court, pursuant to: [source of jurisdiction]. If reference is made to an obligation not filed or recorded with the Court Clerk, then a true and correct copy is attached hereto. Failure to comply with this Summons will create a condition of fault, which may lead to arrest, court costs, and/or default judgement.
This Summons is invalid if it is not served upon the above listed Party on or before the [day] day of the [month] month, in the year of Our King, [year].
[Signature of Tribunal Member or Arbitrator]
[Attestation of Clerk]
Postponement Request
I, the Undersigned, a Party to the above referenced Matter, hereby accept the Court's Postponement Cost, and request a postponement of the [(Session), (Hearing)] scheduled on the [day] day of the [month] month, in the year of Our King, [year], at [time] o'clock in the [(morning), (afternoon), (evening)], and located at [location], for the following good cause:
[Include detailed explanation.]
Judgment on Postponement Request
The Undersigned and duly Appointed [(Mediator), (Arbitrator)], having given the Holy Oath of Office, and having Jurisdiction over the above referenced Matter, do hereby [(grant), (deny)] the Postponement Request made by [(Claimant), (Respondent)] dated the [day] day of the [month] month, in the year of Our King, [year].
[Signature of mediator/arbitrator]
[Attestation of Clerk]
Challenge to Interpretation
This Challenge to Interpretation regards Rule [Rule] of the Court Rules for the First House of Electors, Christ county, kingdom of God, the Revision Date being the [day] day of the [month] month, in the year of Our King, [year]. Said Rule was interpreted and applied as follows:
[Include detailed explanation.]
I hereby give Notice of my Objection to said Interpretation and Application for the following Reason(s):
[Include detailed explanation.]
[Signature of Party]
Judgment on Challenge to Interpretation
The Undersigned Judges, duly elected by the First House of Electors, Christ county, kingdom of God, and comprising a Tribunal therefor, and having Jurisdiction over the above referenced Matter, do hereby [(confirm), (overrule)] the Interpretation challenged by the [(Claimant), (Respondent)] on the [day] day of the [month) month, in the year of Our King, [year].
[If overruled then: (Said Rule shall be interpreted and applied as follows: [Include detailed explanation.] ) ]
[Signatures of Judges comprising Tribunal]
[Attestation of Clerk]
Settlement
[(I), (We)], the Undersigned and duly Appointed Mediator(s), having given the Holy Oath of Office, and having Jurisdiction over the above referenced Matter, do hereby set forth the following Settlement, agreed upon by the Parties during the Session convened at [location] on the [day] day of the [month] month, in the year of Our King, [year]:
[Detail the Terms of Settlement]
[Signature of Mediator(s)]
We, the Parties to the above referenced Matter, do hereby Confirm and Accept the Settlement set forth above.
[Signature of Claimant]
[Signature of Respondent]
Award
[(I), (We)], the Undersigned and duly appointed Arbitrator(s), having given the Holy Oath of Office, and having Jurisdiction over the above referenced Matter, do hereby render the following Award:
[Detail the Terms of Award]
[State the Time-limit for Compliance]
[Signature of Arbitrator]
[Attestation of Clerk]
Petition for Review
[(I), (We)], the Undersigned, hereinafter "Petitioner," Party to the above referenced Matter, do hereby petition the Court to Review the Award rendered therefor. Petitioner prays that said Award will be [(confirmed), (vacated), (modified), (corrected)]. Grounds for granting this Petition are hereby detailed as follows:
[Detail grounds for Petition]
[Petitioner's Averment]
[Signature of Petitioner]
[Two witnesses, or Clerk Attestation]
Judgment on Review
We, the Undersigned Judges, duly elected by the First House of Electors, Christ county, kingdom of God, and comprising a Tribunal therefor, and having Jurisdiction over the above referenced Matter, do hereby [(confirm), (vacate)] the Award rendered in said Matter.
[Detail the Terms of any modification, correction or vacation.]
[Summons and Order to Show Cause may be inserted here.]
[Signatures of Judges comprising Tribunal]
[Attestation of Clerk]
Summons and Order to Show Cause
You are ordered to appear at the following location at the time listed: [location, day and time] to show cause as to why an Enforcement-Order should not issue with regard to the Award rendered in the above referenced Matter. Failure to comply with this Summons will create a condition of fault, which may lead to arrest, court costs, and/or default judgement.
This Summons is invalid if it is not served upon the above listed Party on or before the [day] day of the [month] month, in the year of Our King, [year].
[Signatures of Judges comprising Tribunal]
[Attestation of Clerk]
Judgement on Show Cause
[(I), (We)], the Undersigned and duly appointed Arbitrator(s), having given the Holy Oath of Office, and having Jurisdiction over the above referenced Matter, do hereby render the following Judgement on Show Cause:
[Detail the Terms of Judgement]
[If party is in default by non-appearance then: (If, within seven days of service of process of this Default Judgment, this Court does not receive an answer as to why you failed to appear at the Show Cause Hearing, then an Enforcement-Order may issue.)]
[Except when issued on Default Judgment, Petition for Enforcement-Order may be inserted here.]
[Signature of Arbitrator]
[Attestation of Clerk]
Petition for Enforcement-Order
[(I), (We)], the Undersigned and duly appointed Arbitrator(s), having given the Holy Oath of Office, and having Jurisdiction over the above referenced Matter, do hereby petition the Tribunal for an Enforcement-Order with regard to the above referenced Matter.
[If subsequent to Default, then (The Undersigned do(es) hereby solemnly aver that seven or more days have passed since the service of the Default Judgement on Show Cause, and no response to Same has been received by the Court.)]
[Signature of Arbitrator]
[Attestation of Clerk]
[Court Seal]
Enforcement-Order
To any Constable or Sheriff subject to the Jurisdiction of this Court:
We, the Undersigned Judges, duly elected by the First House of Electors, Christ county, kingdom of God, constituting a Tribunal therefor, and having Jurisdiction over the above referenced Matter, do hereby Order you, in your ministerial capacity, to execute the lawful Judgment of this Court in the above referenced Matter, as Rendered by the [(Award), (Judgment)] dated the [day] day of the [month] month, in the year of Our King, [year], and as Confirmed by a Tribunal for this Court on the [day] day of the [month] month, in the year of Our King, [year], by taking the following actions in pursuance of this Order:
[Detail all required actions.]
Furthermore, you are hereby Ordered to return Notice to this Court upon execution of this Order, or within [number of days] days of failure to execute Same.
[Signatures of Judges comprising Tribunal]
I, the Undersigned, having the Authority of Clerk in the above referenced Matter, do hereby certify that the above Judges' signatures are valid, and that a Sealed True-Copy of this Order was served upon [proper appellation of officer], [title of officer], by [(hand-delivery), (United States First-Class mail, Other: specify)], on the [day] day of the [month] month, in the year of Our King, [year].
[Signature of Clerk]
Report on Enforcement-Order
I, the Undersigned [officer], do hereby give Notice that the Enforcement-Order dated the [day] day of the [month] month, in the year of Our King, [year], has [(been executed in its entirety), (been partially executed), (not been executed)], as of the [day] of the [month] month, in the year of Our King, [year]. [If other than executed in its entirety, then detail what has and has not been executed, and the Cause for that which has not.]
[Signature of Officer]
- Forms.
Dispute-Resolution Application
This Court's Form known as "DRA1999a" is the accepted form for application to this Court for its ministry. Perfected service of a Sealed copy of a properly executed DRA1999a shall be sufficient to satisfy the requirement of giving "Notice of Intent." Said Form is attached hereto, and made a part hereof as follows: