Updated precedents

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Ashcroft Burnham
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Updated precedents

Post by Ashcroft Burnham »

Some revised and additional precedents from the Code of Procedure. These are better for notecard form than the ones in Appendix 2. The Notice of Summary Banishment one also corrects an omisison in the one from the Codes of Procedure.

More to follow.

[b:26syyppp][u:26syyppp]Notice of summary banishment[/b:26syyppp][/u:26syyppp]

YOU HAVE BEEN SUMMARILY (TEMPORARILY) BANISHED FROM THE CONFEDERATION OF DEMOCRATIC SIMULATORS FOR THE REASONS SET OUT BELOW. YOUR SUMMARY BANISHMENT WILL EXPIRE ON [set out the date, 14 days after the summary banishment was issued]. A COURT WILL DECIDE WHETHER YOU SHOULD BE BANISHED FOR A LONGER PERIOD.

READ THIS NOTICE CAREFULLY: IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR BANISHMAENT AND THE GROUNDS FOR IT. DO NOT IGNORE THIS NOTICE IF YOU WANT TO CONTEST YOUR BANISHMENT.

YOU HAVE A RIGHT TO MAKE REPRESENTATIONS TO THE COURT ABOUT WHY YOU SHOULD NOT BE
BANISHED. TO MAKE WRITTEN REPRESENTATIONS, DROP A NOTECARD CONTAINING THOSE REPRESENTATIONS ONTO PUBLIUS CRABGRASS BY [7 days after this notice is served]. TO MAKE ORAL REPRESENATIONS BEFORE THE COURT, DROP A NOTECARD ONTO PUBLIUS CRABGRASS BY [7 days after this notice is served] STATING THAT YOU WISH TO MAKE ORAL REPRESENATIONS ABOUT YOUR SUMMARY BANISHMENT. IF YOU CHOOSE TO MAKE ORAL REPRESENTATIONS, YOU WILL BE NOTIFIED OF A COURT DATE.

BEING SUMMARILY BANISHED MEANS THAT SOMEBODY IS BRINGING A CASE AGAINST YOU IN THE COURTS OF THE CONFEDERATION OF DEMOCRATIC SIMULATORS. ADDITIONAL PROCEDURAL REQUIREMENTS APPLY IF YOU WISH TO CONTEST THAT CASE, INCLUDING STRICT TIME LIMITS. FURTHER INFORMATION COURT PROCEDURE CAN BE FOUND HERE: http://neufreistadt.info/code-of-proced ... draft.html

YOU ARE ENTITLED TO RECEIVE INDEPENDENT LEGAL ADVICE REGARDING YOUR BANISHMENT AND TO BE REPRESENTED BEFORE THE COURT BY A LAWYER PRACTISING IN THE CONFEDERATION OF DEMOCRATIC SIMULATORS, ALTHOUGH YOU MAY BE CHARGED FOR THOSE SERVICES BY ANY SUCH LAWYER. YOU ARE ALSO ENTITLED TO REPRESENT YOURSELF.

[b:26syyppp]IN THE HIGH COURT OF COMMON JURISDICTION
BETWEEN: –

PARTY 1
(Prosecutor)

- and -

PARTY 2
(Defendant)

***
NOTICE OF SUMMARY BANISHMENT
***[/b:26syyppp]

1.The prosecutor is a marshal of the peace.

2.The defendant is a [citizen/non-citizen] of the Confederation of Democratic Simulators.

3.On [date] at [place], the defendant did:
(a)[particulars of conduct],
in consequence of which the defendant was summarily banished.

4.[Any additional particulars of conduct not relied upon for the summary banishment, but relied upon for the interim banishment/substantive matter]

5.Because of that conduct, there are substantial reasons for believing that, if not made subject to an order of interim banishment, the defendant would [interfere with the course of justice/damage, delete or dissipate an asset/cause harassment or annoyance to any citizen or citizens of the Confederation of Democratic Simulators, or substantially interfere with any event held in any territory of the Confederation of Democratic Simulators - delete as inapplicable] in that [grounds for and particulars of such reasons].

6.Furthermore, that conduct is unlawful in that [grounds of unlawfulness].

7. That conduct was culpable in that it was [intentional/reckless/careless].

8. In consequence of the above, the prosecutor seeks the following orders:

(a) [stipulate such penal and/or non-penal orders as sought]

9.The prosecutor requests that this notice stand as a notice in the ordinary in the proceedings.

[Date]
I hereby declare that any and all facts stated herein are true according to the best of my knowledge and belief, and that there are no propositions of fact stated herein that I believe to be false or which I do not believe to be true.
[Name of party 1 and the person who drafted the document, if different]
Ashcroft Burnham

Where reason fails, all hope is lost.

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