Procedures
Supreme Court, High Court and a constitutional Traditional Rights Court
Civil claims start in the District or High Court under US-derived rules, with appeal to the Supreme Court. Customary land questions are certified to the Traditional Rights Court.
Key rules
- Jurisdiction — A single national hierarchy: Community Courts, District Court, High Court, Supreme Court, with the Traditional Rights Court sitting on referred customary questions.
Governing law
- Constitution of the Marshall Islands 1979 (art. VI)
- Judiciary Act 1983
- Rules of Civil Procedure
- Traditional Rights Court practice directions
In practice
The Judiciary Act and Rules of Civil Procedure follow United States federal practice closely, including pleading, discovery and motion practice, which distinguishes the Marshall Islands from the England-derived procedure used across most of the Pacific. The High Court is the principal trial court of general jurisdiction and hears appeals from the District and Community Courts; the Supreme Court is the final appellate court, and there is no external appeal to a metropolitan court. The distinctive step is certification: where a case turns on customary law or land tenure, the question is referred to the Traditional Rights Court, whose determination is given substantial weight, and failing to plead the customary issue properly can be fatal to a land claim. Judicial capacity is limited and hearings on outer atolls depend on travel, so delay is a structural feature rather than an occasional problem.