RULES OF PROCEDURE OF THE SUPREME COURT OF ERITREA
FIRST OFFICIAL EDITION
PREAMBLE
The Supreme Court of Eritrea establishes these Rules of Procedure to secure the fair, independent, transparent, and highly efficient administration of justice in constitutional and legal disputes. Operating as an advanced digital-native institution, the Court combines modern technology with rigorous legal tradition to provide a practical model for future sovereign judicial institutions. These Rules look to cultivate deep constitutional reasoning, professional integrity, and civic literacy across all participants. Every proceeding before the Court serves as an enduring contribution to the rule of law, legal education, and the democratic heritage of Eritrea.
GENERAL PROVISIONS
Rule 1 — Title and Purpose
These Rules shall be known as the Rules of Procedure of the Supreme Court of Eritrea and shall govern its proceedings to promote fairness, judicial independence, constitutional government, efficient case management, and the orderly administration of justice.
Rule 2 — Nature and Character of the Court
The Supreme Court is an independent judicial institution established to adjudicate constitutional and legal disputes, develop constitutional jurisprudence, and strengthen the rule of law; until constituted as the supreme judicial authority of a sovereign democratic State, it should operate as an educational institution with the discipline, professionalism, impartiality, and procedural standards expected of a real supreme court so that its judgments may serve as practical models for future judicial institutions in Eritrea.
Rule 3 — Jurisdiction and Questions of Law
The Court shall adjudicate questions of constitutional interpretation, statutory interpretation, and other legal questions assigned to it by these Rules or the governing constitutional framework, and its proceedings shall ordinarily concern questions of law rather than disputes concerning facts.
Rule 4 — Statement of Agreed Facts and Trial Function
Circumscribing its role strictly to appellate legal review, the material facts of every case shall be presented through a Statement of Agreed Facts jointly prepared or accepted by the parties, and the Court shall not ordinarily receive witnesses, conduct evidentiary hearings, determine disputed facts, or resolve questions concerning the admissibility, credibility, or weight of evidence.
Rule 5 — Virtual Courtroom and Digital Administration
The Court shall ordinarily conduct its proceedings through its official Virtual Courtroom using approved platform architectures, and its administration shall be conducted through electronic Case Access And Management (CAAM) system where all filings, records, notices, scheduling, publication, and case management are performed natively through the Case Access And Management (CAAM).
Rule 6 — Electronic Case File
Every proceeding shall have a single official Electronic Case File maintained through the Case Access And Management (CAAM), which file constitutes the official record of the proceeding, and unless the Court otherwise directs, no paper file shall constitute the official record.
Rule 7 — Public Access and Hearings
The Court shall promote transparency by publishing its judgments, orders, hearing schedules, and procedural information through its Official Website, and hearings shall ordinarily be open to the public through live electronic transmission.
Rule 8 — Recording and Publication of Hearings
Public hearings shall ordinarily be recorded and preserved as part of the official record of the Court, and recordings should ordinarily be published through the Official Website and official online channels of the Court as soon as reasonably practicable after the conclusion of the hearing.
Rule 9 — Language of Proceedings and Judgments
Oral hearings shall ordinarily be conducted in Tigrinya unless the Court otherwise directs to maximize public accessibility, while judgments shall ordinarily be issued in English, provided that the Court may publish an official summary in Tigrinya for educational purposes.
Rule 10 — Guiding Principles
In administering these Rules, the Court shall seek to resolve disputes fairly, efficiently, transparently, and with the least procedural complexity consistent with the proper administration of justice.
COMPOSITION, ADMINISTRATION, AND SITTINGS
Rule 11 — Composition and Equality of Justices
The Supreme Court consists of the Chief Justice and two Associate Justices, who together constitute the full Court, and every Justice possesses equal judicial authority in the determination of cases before the Court.
Rule 12 — Role and Duties of the Chief Justice
The Chief Justice is the head of the Court, is responsible for its judicial leadership, administration, and the orderly conduct of its proceedings, and shall preside over hearings, assign cases, schedule sittings, administer these Rules, supervise the Case Access And Management (CAAM), and publish the business of the Court.
Rule 13 — Administrative Responsibilities and Delegation
Until separate officers are appointed, the Chief Justice shall perform the functions ordinarily assigned to the Registrar, Clerk of Court, and other administrative officers, and may delegate administrative duties to an Associate Justice, employee, intern, volunteer, or other authorized person, while remaining ultimately responsible for the administration of the Court.
Rule 14 — Associate Justices and Judicial Independence
Associate Justices shall participate fully in hearings, deliberations, conferences, decisions, and other judicial business assigned by these Rules, and every Justice shall exercise independent judgment and decide every case according to the Constitution, the law, and his or her conscientious understanding of the issues.
Rule 15 — Benches, Panels, and Quorum
The Court shall ordinarily sit as a Full Court or a three-Justice panel consisting of all three Justices for every proceeding that finally determines the rights of the parties, but the Chief Justice may assign a procedural matter, preliminary application, scheduling issue, or other non-dispositive matter to a Single-Justice Bench, provided that the quorum of the Full Court is three Justices and the quorum of a Single-Justice Bench is one Justice.
Rule 16 — Decisions and Opinions of the Court
The decision of a three-Justice panel shall be determined by majority vote, where the opinion supported by at least two Justices constitutes the judgment of the Court, provided that a Justice may write a concurring or dissenting opinion whenever he or she considers it appropriate.
Rule 17 — Judicial Conference and Confidentiality
After every hearing, the Justices shall ordinarily meet in a private judicial conference to deliberate upon the legal issues presented before any judgment is issued, and these conferences shall remain confidential, meaning no Justice shall disclose the substance of the deliberations except through a published judgment or separate opinion.
Rule 18 — Assignment of Opinions
Where the Court reaches a majority decision, the Chief Justice shall assign the preparation of the majority opinion, but if the Chief Justice is in dissent, the majority shall designate one of its members to prepare the opinion.
Rule 19 — Reserved Judgments
The Court may reserve judgment following the conclusion of oral argument and shall notify the parties when judgment is delivered.
Rule 20 — Judicial Calendar and Sittings
The Chief Justice shall maintain an official calendar of hearings, conferences, and other sittings through the Case Access And Management (CAAM), and the Court shall ordinarily sit according to a published schedule, provided that the Chief Justice may convene a special sitting whenever required for the efficient administration of justice.
Rule 21 — Virtual Courtroom Operations and Technology
All hearings shall ordinarily be conducted through the official Virtual Courtroom and remain accessible via live electronic transmission, where the recording produced constitutes the official audiovisual record; if a significant technological failure prevents the fair conduct of a hearing, the presiding Justice may suspend, adjourn, or reschedule the proceedings.
Rule 22 — Judicial Decorum and Symbols
Every hearing shall be conducted with the dignity, courtesy, impartiality, and professionalism appropriate to the Supreme Court, and the Court may adopt an official seal, emblem, flag, logo, virtual background, and other symbols representing its identity.
Rule 23 — Official Website and Systems
The Court shall maintain an Official Website through which the Case Access And Management (CAAM), judgments, hearing schedules, Electronic Case Files, public notices, educational materials, and other official publications shall be made available.
JURISDICTION AND COMMENCEMENT OF PROCEEDINGS
Rule 24 — Jurisdiction and Nature of Proceedings
The Court shall exercise the jurisdiction conferred upon it by the Constitution, applicable law, and these Rules, which proceedings shall ordinarily concern constitutional interpretation, statutory interpretation, and other questions of law.
Rule 25 — Commencement and Parties
Proceedings shall ordinarily commence by the filing of a Complaint by an Applicant against a Respondent, and unless the Court otherwise directs, the State of Eritrea shall be the Respondent and shall be represented by the Attorney General or another authorized person.
Rule 26 — Amicus Curiae Participation
The Court may permit one or more amici curiae to participate where their submissions are likely to assist the Court in resolving the legal issues, and any person seeking such participation shall file a Motion for Leave identifying the interest represented and explaining how the submission would assist the Court.
Rule 27 — Electronic Filing and Case Numbers
Every proceeding shall be commenced through the Case Access And Management (CAAM), which shall assign a unique case number, establish an official case title, and establish an official Electronic Case File for the matter.
Rule 28 — Official Filing Time
A document is deemed filed when it is accepted by the Case Access And Management (CAAM), and the electronic timestamp generated by the system constitutes the official filing time of every document.
Rule 29 — Required Initial Documents
A proceeding shall ordinarily commence with the simultaneous filing of: (a) a Complaint; (b) a Statement of Agreed Facts or a draft Statement of Agreed Facts; and (c) any supporting constitutional or statutory materials upon which the Applicant relies.
Rule 30 — The Complaint
The Complaint shall identify the parties, state the legal issues presented, summarize the agreed facts, specify the constitutional or legal provisions relied upon, and state the relief sought.
Rule 31 — Statement of Agreed Facts and Disputed Facts
The Statement of Agreed Facts shall contain only those facts necessary for determining the legal questions before the Court, and facts not contained therein shall ordinarily not be considered; if the parties are unable to agree upon material facts, the Court may direct them to prepare a revised Statement of Agreed Facts, decline jurisdiction, or make such other order as justice requires.
Rule 32 — Exclusion of Fact-Finding Procedures
Proceedings before the Court shall not ordinarily include discovery, interrogatories, depositions, requests for production, or other pre-trial procedures intended to establish disputed facts, nor shall the Court receive witnesses, hear oral evidence, or determine disputes concerning the admissibility, credibility, or weight of evidence.
Rule 33 — Supporting Authorities
A party may file constitutional provisions, statutes, judicial authorities, academic writings, or other legal materials relevant to the legal questions presented, and all authorities should be cited accurately and consistently in accordance with citation standards approved by the Court.
Rule 34 — Review and Acceptance of Filings
The Chief Justice shall determine whether a filing substantially complies with these Rules and may accept, reject, or direct correction of any filing, provided that where a filing contains a procedural deficiency, the Chief Justice may permit the filing party to correct it within a specified time.
Rule 35 — Notice and Service of Process
Upon acceptance of the Complaint, the Case Access And Management (CAAM) shall notify the Respondent and update the case status, and documents filed through the system shall ordinarily be deemed served upon every registered party when accepted into the Electronic Case File.
Rule 36 — Responsive Pleadings
The Respondent shall file a Response addressing the legal issues raised in the Complaint and stating the legal grounds relied upon, after which the Applicant may file a Reply limited strictly to new matters raised in the Response.
Rule 37 — Additional Written Submissions
No additional written submissions shall be filed except with leave of the Court, and written proceedings are deemed concluded upon the filing of the final authorized submission or upon the expiration of the allowed time, whichever occurs first.
PLEADINGS, MOTIONS, AND WRITTEN SUBMISSIONS
Rule 38 — Purpose and Simplicity of Written Proceedings
Written proceedings shall define the legal issues, identify the applicable law, and assist the Court in preparing for oral hearings, and all submissions shall be concise, organized, and directed strictly to the legal questions before the Court.
Rule 39 — Language and Style of Pleadings
Written pleadings, motions, judgments, and other official court documents shall ordinarily be prepared in English using clear, direct, and professional legal language that avoids unnecessary repetition, rhetoric, and excessive quotation.
Rule 40 — Format and Standard Templates
Documents shall be filed in searchable PDF format, and the Court may prescribe standard electronic templates for Complaints, Responses, Replies, Motions, amicus briefs, and other documents.
Rule 41 — Structure of Pleadings
The Complaint shall concisely state the legal issues, provisions relied upon, agreed facts, and relief requested; the Response shall admit or deny the legal propositions advanced and identify supporting grounds; and the Reply shall address only matters first raised in the Response.
Rule 42 — Character of Specific Documents
The Statement of Agreed Facts shall be a separate document and shall not contain legal argument, while an amicus brief shall assist the Court by presenting legal authorities, comparative practice, or scholarly analysis not adequately addressed by the parties.
Rule 43 — Motions
A Motion shall identify the procedural order sought and the precise reasons supporting the request.
Rule 44 — Hyperlinks and Citation Tech
Where practicable, electronic documents should include hyperlinks to publicly available legal authorities to facilitate immediate review.
Rule 45 — Responsible Use of Technology and Accuracy
Artificial intelligence may be used to assist legal research, drafting, editing, translation, summarization, and citation checking, but every filing remains the personal responsibility of the party submitting it, and every party shall make reasonable efforts to ensure that legal authorities, quotations, translations, and factual references are accurate.
Rule 46 — Amendment and Withdrawal of Documents
A party may amend a filing before the close of written proceedings or withdraw a document before the oral hearing only with leave of the Court.
Rule 47 — Case Consolidation and Supplemental Lines
The Court may direct a party to file a consolidated or revised pleading where multiple filings would unnecessarily complicate proceedings, and a party may submit newly discovered legal authorities before judgment with leave of the Court.
Rule 48 — Late Filings and Public Availability
The Court may accept a late filing where doing so promotes the fair administration of justice without causing undue prejudice, and all accepted pleadings shall become publicly available through the Electronic Case File unless the Court orders otherwise.
Rule 49 — Scheduling Orders and Hearing Bundles
After written proceedings have substantially concluded, the Chief Justice shall issue a Scheduling Order establishing the date and time of the oral hearing, and the Case Access And Management (CAAM) shall compile the official electronic hearing bundle, consisting of all accepted pleadings, motions, orders, and authorities, which constitutes the official written record for the oral hearing.
Rule 50 — Efficiency in Written Proceedings
Upon issuance of the Scheduling Order, written proceedings are deemed closed except with leave of the Court, and parties shall conduct written proceedings cooperatively, avoiding unnecessary motions, duplicative filings, and procedural disputes.
HEARINGS BEFORE THE COURT
Rule 51 — Purpose and Setting of Oral Hearings
Oral hearings provide the principal opportunity for the Court to examine the legal issues presented, question the parties, clarify the law, and promote public understanding of constitutional government, and they shall ordinarily be conducted in public through the official Virtual Courtroom.
Rule 52 — Management of Broadcasts
Every public hearing shall be recorded through the Virtual Courtroom to form part of the official record, and these recordings shall ordinarily be published through the Official Website and the Court’s official YouTube channel as soon as reasonably practicable after the hearing.
Rule 53 — Attendance and Professional Presentation
Every Justice assigned to the proceeding shall participate throughout the hearing unless prevented by exceptional circumstances, and every Justice, counsel, and participant appearing before the Court shall wear professional business attire or judicial robes approved by the Court.
Rule 54 — Virtual Decorum and Feeds
Every Justice shall use the official virtual background of the Supreme Court during public hearings, counsel should use a plain, professional background free from distractions, and every participant shall maintain an active camera while addressing the Court and use audio equipment that permits clear communication.
Rule 55 — Courtroom Conduct
Every participant shall conduct himself or herself with dignity, courtesy, restraint, and respect for the authority of the Court.
Rule 56 — Opening and Order of Proceedings
The Chief Justice shall open every hearing, identify the proceeding, confirm the appearance of the parties and any amici curiae, and guide business in the following order unless modified to promote efficiency: (a) opening of Court; (b) appearances; (c) Applicant’s oral argument; (d) Respondent’s oral argument; (e) submissions by amici curiae; (f) Applicant’s reply; and (g) closing of the hearing.
Rule 57 — Speaking and Time Management
The Chief Justice shall determine the time reasonably required for oral argument based on the complexity and public importance of the proceeding, and while the Court shall not ordinarily impose rigid speaking limits, the Chief Justice may extend or reduce the allocated time to ensure a fair opportunity for legal arguments.
Rule 58 — Judicial Questioning and Professional Dialogue
A Justice may question counsel at any time during oral argument, and counsel shall answer the questions of the Court directly, candidly, and respectfully, as oral hearings should ordinarily proceed as a professional dialogue between the Court and counsel rather than as uninterrupted speeches.
Rule 59 — Display of Authorities and Technology
Counsel may refer to relevant legal authorities and display documents, legislation, or judgments through the document-sharing facilities of the Virtual Courtroom, provided that electronic presentations assist the understanding of legal issues without distracting from oral argument.
Rule 60 — Speech Restrictions
Counsel should not read lengthy passages from written submissions except where necessary to direct the Court’s attention to a specific provision, and no participant shall interrupt another participant except with the permission of the Chief Justice.
Rule 61 — Professional Restraints on Advocacy
Counsel shall address the Court respectfully, confine argument to the pending legal issues, and refrain from making personal attacks upon any party, participant, Justice, or public official.
Rule 62 — New Issues and Post-Hearing Steps
A party shall not ordinarily raise a substantially new legal issue during oral argument without leave of the Court, but if a significant legal authority becomes known, or if the Court requires further enlightenment, it may permit or direct the filing of supplemental written submissions on specified legal questions before judgment is delivered.
Rule 63 — Submission for Decision
The Chief Justice may adjourn, suspend, or continue a hearing whenever necessary, and upon completion of oral argument, shall declare the case submitted for decision, at which point the Court shall ordinarily reserve judgment to be delivered on a future date.
Rule 64 — Educational Mission of Hearings
In conducting oral hearings, the Court shall seek not only to resolve the legal dispute before it but also to demonstrate principled judicial reasoning, respectful constitutional dialogue, and the practical operation of an independent judiciary.
DELIBERATION AND DECISION
Rule 65 — Private Judicial Conferences
Upon the conclusion of oral argument, the Court shall retire into private judicial conference to identify the applicable law, resolve disagreements through reasoned discussion, and reach a decision, and only Justices assigned to the proceeding may participate unless another person is expressly authorized for administrative assistance.
Rule 66 — Confidentiality of Conference
Judicial conferences are strictly confidential, and no Justice shall disclose the substance of the Court’s deliberations except through an official judgment or separate opinion.
Rule 67 — Agenda of Deliberation
The Chief Justice shall ordinarily open the conference by identifying the principal legal questions, after which each Justice shall have an equal opportunity to express his or her preliminary views and participate in deliberations.
Rule 68 — Voting Dynamics
Every Justice has one vote and shall deliberate and vote independently, free from external influence or pressure, and the Chief Justice shall call for a final vote after concluding that every Justice has had a reasonable opportunity to be heard.
Rule 69 — Reaching Judgments
The Justices should seek consensus whenever reasonably possible, but where consensus cannot be reached, the decision of the majority constitutes the judgment of the Court, and the opinion supported by at least two Justices constitutes the final holding.
Rule 70 — Assignment of Majority Opinions
Where the Chief Justice joins the majority, the Chief Justice shall assign the preparation of the majority opinion, but if the Chief Justice is in dissent, the majority shall designate one of its members to prepare the opinion.
Rule 71 — Formulations of Separate Opinions
A Justice who agrees with the judgment but for different reasons may prepare a concurring opinion, and a Justice who disagrees may prepare a dissenting opinion, both of which shall be circulated electronically among the Justices and published together with the final judgment.
Rule 72 — Structural Standardization of Judgments
Every judgment should ordinarily contain: (a) an Introduction; (b) Jurisdiction; (c) Statement of Agreed Facts; (d) Questions Presented; (e) Applicable Law; (f) Analysis; (g) Holding; and (h) Orders.
Rule 73 — Scope of Judgments and Judicial Restraint
The Court shall decide only those legal questions necessary for determining the proceeding and should practice judicial restraint by avoiding deciding constitutional questions that are unnecessary to resolve the specific dispute before it.
Rule 74 — Methodologies of Legal Interpretation
In interpreting the Constitution and the law, the Court shall consider the text, purpose, structure, underlying constitutional principles, and persuasive authorities, and it may consider the jurisprudence of foreign courts and international tribunals for comparative purposes, though no foreign authority shall be binding.
Rule 75 — Stare Decisis
The Court should ordinarily follow its previous decisions to ensure consistency, and where it explicitly departs from an earlier precedent, it shall explain the detailed reasons for doing so within its published judgment.
Rule 76 — Wording and Accessibility of Decisions
Judgments shall be written clearly, logically, and concisely so that they may be understood by lawyers, public officials, students, and the public, and they shall ordinarily be issued in English alongside an official summary in Tigrinya to promote public understanding.
Rule 77 — Citation and Authentication
Every judgment shall identify the principal constitutional provisions, statutes, and legal sources relied upon, state the date of delivery, bear the electronic signature of the Chief Justice or authoring Justice, and conclude with a clear statement of the orders made.
Rule 78 — Delivery and Effectiveness
Judgment may be delivered during a public sitting of the Court or by publication through the Case Access And Management (CAAM), and it becomes effective immediately upon its official publication unless the Court directs otherwise.
Rule 79 — Clerical and Analytical Adjustments
The Court may correct typographical, formatting, or clerical errors that do not alter the substance of the judgment, and it may issue an order clarifying the meaning of its judgment where genuine uncertainty exists concerning its interpretation.
Rule 80 — Finality and Exceptional Reconsideration
Subject to these Rules, every judgment of the Court is final, and the Court may reconsider a judgment only in exceptional circumstances involving manifest error, substantial injustice, or another compelling reason recognized by the Court.
Rule 81 — Personal Accountability
Every Justice remains personally responsible for the reasoning and conclusions contained in any opinion issued in his or her name.
OFFICIAL RECORDS
Rule 82 — Maintenance of the Case Access And Management (CAAM)
The Court shall maintain the Case Access And Management (CAAM) as the official electronic platform for filing, electronic docketing, case management, scheduling, document registers, public visibility, and the absolute preservation of all Court records in a chronological, searchable format.
Rule 83 — Official Electronic Records
The official record of every proceeding consists of the single Electronic Case File together with any official hearing recording maintained by the Court, and this file shall display the case number, title, parties, panel, procedural status, hearing date, and document register.
Rule 84 — Transparency via the Official Website
The Court shall maintain an Official Website through which judgments, separate opinions, bearing citations, hearing schedules, public case pages, educational materials, and open filings such as Complaints, Responses, Replies, and amicus briefs shall be published promptly to maximize public access and constitutional education.
Rule 85 — Digital Broadcast Archive
Recordings of public hearings shall ordinarily be published through the Official Website and the Court’s official YouTube channel, and the Court shall maintain a permanent electronic archive of these recordings and publications to promote institutional continuity and legal research.
Rule 86 — File Compilation and Accessibility
The Case Access And Management (CAAM) should permit the searchability of documents by case criteria and keyword, allow individual document downloads, and ordinarily facilitate the download of the complete Electronic Case File as a single consolidated PDF arranged in chronological order with hyperlinked legal authorities where practicable.
Rule 87 — Record Modifications and Reporting
The Chief Justice may direct the correction of administrative, indexing, or clerical errors in the electronic record without altering judicial substance, provided that the system preserves both the original and corrected versions, and the Chief Justice should publish an annual report summarizing the judicial, administrative, and educational activities of the Court.
Rule 88 — Institutional Memory
The Court shall preserve its judgments, precedents, publications, recordings, procedural materials, and historical records as an enduring part of the constitutional heritage of Eritrea.
ADMINISTRATION
Rule 89 — Administrative Framework and Philosophy
The Chief Justice is responsible for the efficient administration of the Court, which shall be simple, efficient, transparent, predominantly electronic, proportionate to its educational mission, and supported continuously by the Case Access And Management (CAAM).
Rule 90 — Court Officers and Delegation
Until separate officers such as a Registrar, Clerk of Court, or research assistants are appointed, the Chief Justice shall perform the administrative functions of the Court and may delegate specific responsibilities to any officer, employee, intern, or volunteer, while remaining ultimately responsible.
Rule 91 — Operations of the Virtual Courtroom
The Court shall maintain an official calendar of business and an official Virtual Courtroom employing reliable technology standards suitable for hearings, conferences, and educational activities, and if technological difficulties interfere with fairness, the Chief Justice may suspend, adjourn, or reschedule the proceedings.
Rule 92 — Communication Standards and Templates
Official communications shall ordinarily be transmitted electronically, and every Justice and officer shall use official email systems, while documents may be authenticated through approved electronic signatures and generated via standard electronic forms prescribed by the Court.
Rule 93 — Institutional and Educational Engagement
The Court may organize lectures, seminars, workshops, public discussions, and moot hearings, and may publish judicial guides, procedural manuals, or research papers consistent with its mission, utilizing its Official Website and official YouTube channel as primary tools for public outreach.
Rule 94 — Collaborative and Resource Partnerships
The Court may cooperate with domestic and international universities, bar associations, judicial academies, and civil society organizations for educational purposes, and shall administer its financial resources responsibly and solely in furtherance of its judicial mission.
Rule 95 — Capacity Building and Voluntary Service
The Court may be assisted by volunteers, interns, and researchers contributing under the direction of the Chief Justice, and it shall periodically review its administrative practices to enhance efficiency, transparency, and progressive capacity building without compromising judicial independence.
JUDICIAL AND PROFESSIONAL RESPONSIBILITIES
Rule 96 — Core Standards of the Judiciary
Every Justice shall preserve the independence of the Court, perform judicial duties impartially and without favor, prejudice, or improper influence, and decide every proceeding solely according to the Constitution, the law, and conscientious judicial judgment.
Rule 97 — Professional Decorum and Integrity
Every Justice, counsel, and participant shall conduct himself or herself honestly, professionally, and with integrity, treating all participants with courtesy and respect to preserve the dignity and authority of the Court.
Rule 98 — Duties of Counsel
Counsel shall appear adequately prepared, present the applicable law with an absolute duty of candor, disclose directly relevant controlling legal authorities whether favorable or unfavorable, and refrain from making personal attacks upon any party, participant, Justice, or public official.
Rule 99 — Good Faith Advocacy
Proceedings before the Court shall be conducted in good faith and shall not be used for harassment, delay, publicity, or other improper purposes, as counsel should assist the Court in reaching the correct interpretation of the law rather than merely seeking victory.
Rule 100 — Conflicts of Interest and Recusal
A Justice who considers that his or her impartiality might reasonably be questioned shall disclose the circumstances and may voluntarily recuse himself or herself from the proceeding to preserve public confidence, and if a Justice is unable to participate, the Chief Justice may assign a qualified replacement or postpone the hearing until the Full Court can be constituted.
Rule 101 — Privacy of Internal Operations
Every Justice shall preserve the absolute confidentiality of judicial conferences and internal deliberations, and no party or participant shall engage in unauthorized ex parte communications with a Justice concerning the merits of a pending proceeding.
Rule 102 — Responsible Use of AI and Executive Duties
Justices and counsel may use artificial intelligence to assist research, drafting, translation, and document management, but judicial decisions and professional submissions remain their personal responsibility, and the Attorney General shall represent the State fairly, responsibly, and in the public interest with a special duty to assist the Court.
Rule 103 — Corrective Measures for Abuse of Process
The Court may reject or strike any filing that constitutes an abuse of these Rules or the judicial process, and where professional misconduct occurs, the Court may issue an admonition, direct corrective action, limit further participation, or make any other proportionate order to preserve the integrity of the proceedings.
Rule 104 — Collective Institutional Accountability
Every participant shares responsibility for maintaining the professionalism, credibility, and long-term development of the Supreme Court of Eritrea, recognizing that its proceedings contribute fundamentally to legal education and a robust constitutional culture.
INTERPRETATION, AMENDMENT, AND CONTINUITY
Rule 105 — Authority and Interpretation of the Rules
These Rules govern the proceedings of the Supreme Court, shall prevail over any inconsistent practice or custom, and shall be interpreted according to their ordinary meaning to promote fairness, judicial independence, constitutional government, efficient administration, and technological innovation.
Rule 106 — Unprovided Cases and Practice Directions
Where these Rules do not expressly regulate a procedural matter, the Chief Justice shall determine the procedure having regard to established principles of judicial administration and comparative practice, and the Court may adopt Practice Directions to supplement operational matters without conflicting with these Rules.
Rule 107 — Authority of Judicial Precedent
Decisions of the Court constitute persuasive judicial precedent and should ordinarily be followed in subsequent proceedings unless departure is justified, in which case the Court shall explain its reasons within the published judgment.
Rule 108 — Evolution of Eritrean Jurisprudence
In developing Eritrean constitutional jurisprudence, the Court may consider decisions of foreign courts and international tribunals for comparative insight, while remaining guided primarily by the Constitution, Eritrean law, and the unique circumstances of Eritrea.
Rule 109 — Amendments and Official Editions
Any Justice may propose amendments to these Rules, and following consultation with legal practitioners or academic institutions, amendments may be adopted upon the approval of at least two Justices, after which the Chief Justice shall publish a revised official edition through the Case Access And Management (CAAM) while preserving earlier editions.
Rule 110 — Periodic Review and Continuous Improvement
The Court should periodically review these Rules to ensure they remain clear, practical, technologically current, and supportive of its educational mission, interpreting and administering them to accommodate future technological evolution while safeguarding institutional stability, judicial independence, and procedural fairness.
Rule 111 — Commencement
These Rules shall enter into force on the date determined by the Court and shall apply to every proceeding commenced thereafter unless the Court otherwise directs.