Legislation prescribing the rights of
the accused has been drafted for consideration by the Congress of Micronesia during its Fourth Regular
Session.
There is an absoluce 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 of the 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 or community
court decisions involving the construc-

tion or validity of any law of the
United States or of any written enactment 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 com-

munity 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

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, if the Government has
32

appealed in a criminal case, the
may not reverse any finding of

guilty and its powers are limited

reversal of any determination ofin
idity of the enactment involved.
Disputed facts are ascertal
primarily from oral testimony
witnesses and from exhibits. W
deemed helpful to the conduct of
case, the court may also go to
scene of an incident having a beai
on the case, giving both sides
opportunity to reconstruct and
attention to evidence. With the peri:
sion of the court written depositi:
may be used by the accused
criminal cases or by either side inc
cases. As a rule, pretrial conferen
are held in civil cases by other dist:
courts and the Trial Division of
High Court to determine the issues .
reach agreement on as many facts
possible.
Fees

Clerks of courts charge and coll
fees for filing in civil actions, |
copies of certified true records, |

transcripts of evidence and notes
hearing, and for recording land tra:
fers. Filing fees in civil actions ran
from 25¢ for filing of complair
under the small claims procedure

$5 for filing of notice of appeal

the Appellate Division of the Hi;
Court. The fee for a copy of ar
record certified to be a true copy
25¢ plus 10¢ for each 100 wordsaft.
the first 100. The fee for transcripts «

evidence or notes of hearing is 25¢ pr

100 words for three copies. The fe
for the recording of land transfers
50¢, except when the Trust Territo1
is the grantor, in which case thereis n
charge.
Sheriffs are entitled to collect fee

for the serving of process ($1 plus 3¢

Part V--Political Advancemen

o.

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