[quote="Justice Soothsayer":b0qv3ssx]Assume Beathan maliciously called me a corrupt legislator open to accepting bribes, and I sue him for defamation in our new courts. When I win, does that mean the judge can order Beathan banished? Do I have to ask for his banishment as a remedy before banishment is imposed, or can the court do so on its own motion?
Assume further that I don't ask for Beathan's banishment, but only for an apology, which Beathan refuses to provide upon being ordered by the court to do so. Can the court (again on its own motion, or only after being asked) banish Beathan for refusing to obey?
Hmm. Maybe we need a new thread on remedies?[/quote:b0qv3ssx]
The answers to these questions are manifestly unclear on the rules of procedure that you introduced. In my rules, the answers would be quite clear: if a party was alledging culpability, that would have to be expressly pleaded. In theory, a pleading could be amended, but a late amendment to add an allegation of culpability would almost certainly not be allowed, and, if it was, would permit the other party plenty of time to respond, and any delay caused would be compensated in costs. A party would specifically have to ask for a penal order, and, although a party would have been able to have pleaded something like, "A penal order, greater than public admonishment, at the discretion of the court", it would be clear to all concerned that banishment was on the table if that was invoked.
As to breach of court orders, the principle is that those would require separate proceedings to be taken for a breach of court order. A breach of court order would be more likely to result in banishment than any other given wrongdoing (because, if one breaches orders, the only order than can be forced on one is banishment), but would not be absolutely certain. Again, culpability would have to be pleaded and a penalty specifcially requested.
None of this, however, is clear on your rules.