Title 5, Judicial Procedure

(a) Except as provided in section 697 of this title, an affidavit may be used —(1) to prove the service of a summons, notice, or other paper in an action;(2) to obtain a provisional remedy;(3) to obtain the examination of a witness;(4) to obtain a stay of proceedings;(5) upon a m…

Whenever a provisional remedy has been allowed upon affidavit, the party against whom it is allowed may serve upon the party by whom it was obtained a notice requiring any person making the affidavit to be produced before some officer authorized to administer oaths, therein named…

(a) Proof of the publication of a document or notice required by law, or by an order of court, to be published in a newspaper, may be made by the affidavit of the printer of the newspaper or his foreman or principal clerk, annexed to a copy of the document or notice, specifying t…

The statement of an attorney authorized by law and admitted to practice in the Courts of the Virgin Islands, who is not a party to an action, when subscribed and affirmed by him to be true under the penalties of perjury, may be served or filed in an action in lieu of and with the…

This chapter may be cited as “The Interstate Compact for Juveniles Act”.

The Interstate Compact for Juveniles is enacted into law, ratified and entered into with all other jurisdictions legally joining the Compact in substantially the form set forth in this chapter.

(a) The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and contro…

(a) As used in this Compact, unless the context clearly requires a different construction:(a) “By-laws” means: those by-laws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.(b) “Compact Administrator” means: the …

(a) (1) The compacting states by this Compact establish the “Interstate Commission for Juveniles”.(2) The Commission is a body corporate and joint agency of the compacting states.(3) The Commission has all the responsibilities, powers and duties set forth in this Compact, and suc…

(1) The Commission has the following powers and duties:(1) To provide for dispute resolution among compacting states;(2) To promulgate rules to effect the purposes and obligations as enumerated in this Compact which have the force of statutory law and are binding in the compactin…

(a) By-laws.(1) The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, i…

(a) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact. (b) Rulemaking must occur pursuant to the criteria set forth in this section and the by-laws and rules adopted pursuant thereto. The rulem…

(a) Oversight.(1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this Compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significant…

(b) (a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.(b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of…

(a) Each member state shall establish a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own State Council, its membership must include at least one representative from the legislative, judicial, and executive branches of gov…

(a) Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in section 702 is eligible to become a compacting state. (b) The Compact becomes effective and binding …

(a) Withdrawal.(1) Once effective, the Compact continues in force and remains binding upon each and every compacting state; however, a compacting state may withdraw from the Compact by specifically repealing the statute that enacted the Compact into law.(2) The effective date of …

(a) The provisions of this Compact are severable, and if any phrase, clause, sentence or provision is adjudged unenforceable, the remaining provisions of the Compact are enforceable. (b) The provisions of this Compact must be liberally construed to effectuate its purposes.

(a) Other Laws.(1) Nothing in this Compact prevents the enforcement of any other law of a compacting state which is not inconsistent with this Compact.(2) All compacting states' laws other than state Constitutions and other interstate Compacts conflicting with this Compact are su…

The order of proof shall be regulated by the sound discretion of the court. Ordinarily the party beginning the case shall exhaust his evidence before the other begins.

The court may exercise a reasonable control over the mode of interrogation, so as to make it as rapid, as distinct, as little annoying to the witness, and as effective for the extraction of the truth as may be; but, subject to this rule, the parties may put such legal and pertine…

The examination of a witness by the party producing him is denominated the direct examination; the examination of the same witness upon the same matter by the adverse party, the cross-examination. The direct examination must be completed before the cross-examination begins, unles…

A question which suggests to the witness the answer which the examining party desires is denominated a leading or suggestive question. On a direct examination, leading questions are not allowed, unless merely formal or preliminary, except in the sound discretion of the court unde…

The adverse party may cross-examine the witness as to any matter stated in his direct examination or connected therewith, and in so doing may put leading questions; but if he examines him as to other matters, such examination is subject to the same rules as a direct examination.

A witness once examined shall not be reexamined as to the same matter without leave of the court; but he may be reexamined as to any new matter upon which he has been examined by the adverse party. After the examinations on both sides are concluded the witness shall not be recall…

A witness is allowed to refresh his memory, respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly …

If either party requires it, the judge may exclude from the court room any witness of the adverse party not at the time under examination, so that he may not hear the testimony of other witnesses.

A motion to postpone a trial on the ground of the absence of evidence shall only be made upon affidavit showing the materiality of the evidence expected to be obtained, and a statement of facts showing that due diligence has been used to procure it, and also the name and residenc…

(1) The jury, subject to the control of the court in the cases specified in this title, are the judges of the effect and value of evidence addressed to them, except when it is thereby declared to be conclusive. They are, however, to be instructed by the court on all proper occasi…

Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.

The person to whom a tender is made shall at the time specify any objection he may have to the money, instrument, or property, or he shall be deemed to have waived it. If the objection is to the amount of money, the terms of the instrument or the amount or kind of property, he sh…

Private seals and scrolls as a substitute are abolished and are not required to any instrument, but the effect thereof, when used, shall remain unchanged.

(a) Except as otherwise provided by the Constitution of the United States, the Revised Organic Act of the Virgin Islands, or other statute, or by these or other provisions promulgated by the Supreme or Superior Courts of the Virgin Islands, no person has a privilege to:(a) refuse…

(a) Definitions. As used in this section:(1) A “client” is a person, public officer or corporation, association or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining pr…

(a) Definitions. As used in this section:(1) A “patient” is a person who consults or is examined or interviewed by a physician or psychotherapist for treatment or diagnosis.(2) A “physician” is a person authorized and duly licensed to practice medicine in any state, nation, or U.…

(a) Definition. The “spousal privilege” covers testimony regarding events occurring at any time, even before marriage, so long as the testimony occurs while the parties are married. The focus of the privilege is not on the content of the testimony but rather on prohibiting testim…

(a) Definition. The “Marital Communication Privilege” prohibits spouses from divulging confidential communications between them that occurred during their marriage, without the other's consent. (b) Holder of Privilege. Both of the spouses hold the privilege which applies in both …

(a) Definitions. As used in this section:(1) A “clergyman” is a minister, priest, rabbi, accredited Christian Science practitioner or other similarly functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him or her.(2) A c…

(a) General Rule of Privilege. Every person has a privilege to refuse to disclose the tenor of his or her vote at a political election conducted by secret ballot. (b) Exceptions. This privilege does not apply if the court finds that the vote was cast illegally or determines that …

A person has a privilege which may be claimed by him or his agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret, owned by him, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. If disclos…

(a) Claim of Privilege. If the law of the United States creates a governmental privilege that the courts of the U.S. Virgin Islands must recognize under the Constitution of the United States or the Revised Organic Act of 1954, the privilege may be claimed as provided by the laws …

(a) Rule of Privilege. The United States, or a state, or a Territory of the United States, or subdivision thereof, has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of …

A person upon whom these sections confer a privilege against disclosure waives the privilege if the person or a predecessor of the person, while holder of the privilege, voluntarily discloses or consents to disclosure of any significant part of the privileged matter. This section…

A claim of privilege is not defeated by a disclosure which was (1) compelled erroneously or (2) made without opportunity to claim the privilege.

(a) Comment or Inference not Permitted. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by Judge or Counsel. No inference may be drawn therefrom. (b) Claiming Privilege Without Knowledge of Jury. In jury cas…

The official undertaking or other security of a public officer of the Virgin Islands or a public corporation therein shall be deemed a security to all persons severally for the official delinquency against which it is intended to provide.

When a public officer, by official misconduct or neglect of duty, shall forfeit his official undertaking or other security, or render his sureties therein liable upon such undertaking or other security, any person injured by such misconduct or neglect, or who is by law entitled t…

Before such action can be commenced by a plaintiff other than the government of the Virgin Islands or public corporation, leave shall be obtained of the court where the action is triable. Such leave shall be granted upon the production of a certified copy of the undertaking or ot…

A judgment in favor of a party for one delinquency shall not preclude the same or another party from maintaining another action on the same undertaking, or other security, for another delinquency.

In an action upon an official undertaking or other security, if judgment has already been recovered against the surety therein, other than by confession, equal in the aggregate to the penalty or any part thereof of such undertaking or other security, and if such recovery is estab…