Title 2: Difference between revisions
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== (2)2 Orders of the Court == | == (2)2 Orders of the Court == | ||
[[(2)2.1 Orders of the Court]] | [[(2)2.1 Orders of the Court]] | ||
[[(2)2.2 Orders & Qualifications]] | |||
== (2)3 Motions and Pleadings == | == (2)3 Motions and Pleadings == | ||
Revision as of 08:26, 15 December 2025
Title 2: General Provisions
(2)1 Actors
(2)1.1 Counsel
(2)1.1.1 Definition
For purposes of this title, "Counsel" means an attorney or other person authorized by law or by order of the court to represent a party in a legal proceeding.
(2)1.1.2 Qualifications
A person may act as Counsel only if he or she: (a) Is licensed or otherwise authorized to practice law within the jurisdiction; or (b) Is expressly permitted by statute or court order to appear for a limited purpose.
(2)1.1.3 Scope of Representation
Counsel may act on behalf of a represented party in all matters related to the proceeding, including filings, motions, hearings, negotiations, and trial, unless limited by law or court order.
(2)1.1.4 Appointment and Retention
Counsel may be: (a) Retained privately by a party; (b) Appointed by the court when required by law; or (c) Assigned pursuant to an established public defense system.
(2)1.1.5 Duties of Counsel
Counsel shall: (a) Act with reasonable diligence and competence; (b) Represent the lawful interests of the client; (c) Comply with court orders and procedural rules; and (d) Maintain confidentiality as required by law.
(2)1.1.6 Withdrawal and Substitution
Counsel may withdraw or be substituted only with leave of court, unless withdrawal is permitted as a matter of right under applicable rules.
(2)1.2 Prosecuting Authority
(2)1.2.1 Prosecutor
A "Prosecutor" is an attorney authorized to represent the state or government in criminal proceedings.
(2)1.2.2 Authority
A Prosecutor has exclusive authority to initiate, pursue, amend, or dismiss criminal charges, subject to law and court approval where required.
(2)1.3 Defense Counsel
(2)1.3.1 Right to Defense
A defendant has the right to be represented by Defense Counsel in any criminal proceeding where liberty interests are at stake.
(2)1.3.2 Waiver
A defendant may waive the right to Counsel only upon a knowing, intelligent, and voluntary waiver accepted by the court.
(2)1.4 Judicial Officers
(2)1.4.1 Judge or Magistrate
A Judge or Magistrate is a judicial officer authorized to preside over proceedings, rule on motions, issue orders, and impose lawful sanctions or sentences.
(2)1.5 Clerk of Court
(2)1.5.1 Clerk
The Clerk of Court is responsible for maintaining records, filings, dockets, and official court documentation as required by law.
(2)1.6 Law Enforcement
(2)1.6.1 Law Enforcement Officer
A Law Enforcement Officer is a person authorized by law to enforce statutes, execute warrants, and perform investigative or custodial functions.
(2)2 Orders of the Court
(2)2.2 Orders & Qualifications