Filing a Case

Disclaimer: The following does not substitute appropriate study of the Student Code.  According to Section 310 of Title II of the Student Code,  each year a Code of Permanent Laws of the Student Government shall be produced. No Less then monthly, a revision of the Student Government Code shall be produced incorporating all laws passed since the previous edition of the Code, unless no revisions are necessary. Thus, always refer to the website of Student Congress to obtain the most up to date Student Code. The summary below is only for the convenience of students wishing to quickly orient themselves to the procedures of the Court.

Jurisdiction

The Student Supreme Court has jurisdiction over controversies concerning the actions of the Executive Branch, Legislative Branch, and all other independent agencies of Student Government and over questions of law regarding the Constitution resulting from laws enacted under the authority of any branch of Student Government, independent agency of Student Government, or a student organization that is official recognized by the Student Government. III SGC. 600 (2013).

The Student Supreme Court does not hear appeals from or other matters concerning the Honor Court.

Commencement & Complaint

A party with appropriate standing must take action to the Supreme Court through a verbal petition to the Chief Justice within 96 hours of the act that caused injury to the party. If the Chief Justice is not readily available, an action may be commenced by filing a written petition with the Chief Clerk. Refer to the Contact Page to determine the email of the current Chief Justice.

A written petition is defined as a letter or electronic mail to the Chief Justice’s official campus address. III SGC. 610-611; III SGC. 710; III SGC. 713 (2013). The Chief Justice will set the deadline for the party of the plaintiff to file complaint. It is never more than 14 days after commencement. III SGC. 713 (2013). Complaints set out allegations of jurisdiction, standing, necessary defendants, relief and judgment and formally commence action. III SGC. 700-701 (2013).

Answer

After a complaint is filed, the defendant(s) will be served summons and a copy of the complaint.  The summons notifies the defendant(s) that an action has been commenced and that the Court may enter a default judgment against the defendant(s) if he or she fails to appear and defend or fails to answer if instructed to do so in the summons. III SGC. 750-752 (2013)

If an answer is required by the plaintiff, an answer is filed with the court and served on the plaintiff. III SGC. 754 (2013).

Court Documents and Pretrial Hearing

Papers filled in Court including Motions, Affidavits, and Briefs will be written documents and distributed to all parties in the suit, and they will follow the general format outlined in the code. III SGC. 720; III SGC. 740-743 (2013).

Pretrial hearings shall be held and open to the public regarding the merits of motions filed with the Court. III SGC. 760 (2013).

The Court reserves the right to issue rules for uniform citations and examples of Supreme Court Papers to facilitate the efficiency of the Court. III SGC. 741-742 (2013).

Trial

The date of the trial is set by the Chief Justice. III SGC. 762 (2013). The trial proceeds according to Title III of the Student Code. III SGC. 800-806 (2013). 

Rendering of Decision 

Concluding the trial, the Student Court Conference shall convene and determine the issues in an action and a decision will be rendered with the concurrence of a majority. The Court will then issue a written main opinion that will be read and released at the discretion of the Court. III SGC. 820-826 (2013).