Should you file a petition?
Before submitting a petition to the Judiciary, please consider the following criteria. You may be eligible to proceed with your case if you can answer “Yes” to all three questions below:
1. Do you believe a violation of the Duke Student Government Constitution or Bylaws has occurred?
2. Has the alleged violation already taken place? (We do not review anticipated or future violations.)
3. Does this alleged violation directly affect you? (We do hear cases filed on someone else’s behalf.)
If you answered “yes” to all three, you may be eligible to file a petition.
Complaint Form
So you’ve decided to move forward and file a formal petition with the Judiciary. Great! Below is a helpful step by step guide for what you can expect during the process. Your first step is to complete a complaint form. The complaint form will include the name(s) of the petitioner(s), the respondent(s), the known facts, the legal basis for your claim and your requested relief.
Here is an example of a complaint form to help you understand what information you should include. Once your petition has been filed, it will be reviewed by the Judiciary who will then decide whether or not to hear the case. The respondents will be given the opportunity to respond to the petition. We review petitions on a rolling basis and endeavor to respond to all petitions in a timely manner.
Hearing Procedures
If your petition is accepted, the Judiciary may grant a hearing to consider the relief you’ve requested. All involved parties will be notified of the assigned date, time, and location in advance.
At the hearing, the petitioner(s) and respondent(s) will appear before the seven justices, along with any relevant witnesses. Each side is typically given 30 minutes to present their oral argument and supporting evidence, including witness testimony. During this time, the opposing party may not interrupt, object, or ask questions.
After both sides have presented, each will usually be given an additional 5 minutes to respond to the other’s argument.
Throughout the hearing, justices may interject with questions at any time. Counsel should answer these questions as best they can before continuing with their argument.
Please Note
Only the justices, petitioner(s), respondent(s), and their official representatives may speak during the hearing. Press and observers are welcome to attend but may not interrupt, speak, or participate once the hearing is in session.
Written Arguments
This section outlines the detailed process for submitting written arguments and evidence in your case. Please review the following requirements carefully to ensure your submission is complete and compliant with the Judiciary’s expectations. The documents for the submission must be either PDF or Microsoft Word files. Please format the text by using a 12-point font (e.g., Times New Roman or Arial) and ensure that the text is double-spaced with 1-inch margins on all sides.
Furthermore, each file should include the case number and a brief description of its content (e.g., “Case123_Testimony.pdf” or “Case123_EmailEvidence.docx”). When submitting multiple pieces of evidence, ensure they are clearly labeled and referenced in your written testimony.
Regarding timelines and deadlines, all written submissions must be filed within 14 days of the case being assigned unless you have received prior notification of a different timeline. Late submissions may not be accepted unless prior arrangements have been made with the Judiciary.
Please submit only evidence directly relevant to the case. Acceptable evidence includes, but is not limited to, written testimony, emails, documents, and other digital evidence. In addition, do not include extraneous or unrelated materials. The Judiciary reserves the right to exclude evidence deemed superfluous or irrelevant to the case.
Ensure that your submission comprehensively covers all aspects of your argument. The quality and completeness of your written documentation may be the sole basis for the Judiciary’s decision. Present a clear, organized, and detailed account of your testimony and supporting evidence to effectively communicate your case.
By adhering to these guidelines, you will facilitate a smooth and efficient review process by the Judiciary, ensuring that your case is evaluated on the merits of the written documentation provided.
Flow of a Case
After a petition is submitted, the Judiciary will review it to determine whether to move forward. A petition may be:
- Accepted, meaning the case will proceed through the hearing or written review process
- Declined, if it does not meet the eligibility criteria
- Dispensed with cause, if the Judiciary determines that a formal hearing is unnecessary due to clear resolution or procedural grounds
If your petition is accepted, the Judiciary will carry out a full review and issue a decision based on the facts, arguments, and relevant governing documents.
For more detailed information, please refer to the General Judiciary Code of Procedure.