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Legislation prescribing the rights of
the accused has been drafted for consideration by the Congress of Micronesia during its Fourth Regular
Session.
4
mene
17 nf,ad
wei iia
iteak
a
ry
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may not reverse any finding of
he.
guilty and its powers are limited tol
reversal of any determination of iny
idity of the enactment involved. 4
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There #s an absolute right of appeal
to the Trial Division of the High Court
from decisions of any district court on
questions of fact and of law. On
questions of law, decisions afthe Trial
Division of the High Court may be
appealed to the Appellate Division in
cases falling within the jurisdiction of
the Appellate Division as enumerated
above. The Appellate Division may
also, in its discretion, review on appeal
directly from district of community
court decisions involving the construction or validity of any law of the
United States or of any written enact-
ment of any official, board, or body in
the Territory intended to have the
force of law. Written notice of appeal
must be filed within 30 days after
announcement of the decision or within such longer time, not exceeding 120
days, as may be specified by the court
in case of decisions of the Trial Division of the High Court which are made
when a party is neither present nor
represented.
The Trial Division of the High
Court reviews on the record all final
decisions of district courts and community courts in annulment, divorce,
and adoption cases in which no appeal
has been made, and it may, in its
discretion, review on the record any
other final decision of a district or
community court in which no appeal
has been taken. The court acting on an
appeal or review has the power to
affirm, modify, set aside, or reverse
‘af so
appealed in a criminal case, the coy
the judgment or order appealed from
or reviewed and to remand the case
with such directions for a new trial or
entry of judgment as may be just.
However,
32
if
the
Government
has
Brit.
Disputed facts are ascertaings
primarily from oral testimony
|
witnesses and trom exhibits.
deemed helpful to the conduct of a
case, the court may also go to @
scene of an incident having a bee
¥
sf
on the case, giving both sides gm’!
opportunity to reconstruct and gy”
attention to evidence. With the pern
sion of the court written depositicn=
may be used by the accused
criminal cases or by either side in q
cases. As a rule, pretrial conferengy
are held in civil cases by other disty
courts and the Trial Division ofg
High Court to determine the issues g
reach agreement on as many facts,
possible.
Fees
atti
mes on
S|
Clerks of courts charge and cl z ™
fees for filing in civil actions, ‘ —
copies of certified true records,|
transcripts of evidence and notes]
hearing, and for recording land thin
fers. Filing fees in civil actions rag
from 25¢ for filing of complai
under the small claims procedurgJ
$5 for filing of notice of appeaks
the Appellate Division of the Hy
Court. The fee for a copy of ¥
record certified to be a true copy
25¢ plus 10¢ for each 100 words a
the first 100. The fee for transcripts
evidence or notes of hearing is 25¢%
100 words for three copies. Thejl
for the recording of land transfert Dwi
50¢, except when the Trust Terrig pal.
is the grantor, in which case there Tn
charge.
Bde ..
Sheriffs are entitled to collect Bb
Bch.
for the serving of process ($1 plus
Part V—Political Advancetf