Swift & Fair Justice Act, 1782

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

 

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SWIFT & FAIR JUSTICE ACT, 1782

11^th of Tobias’ Bounty

Introduced in the Commons.

Passed by the House of Commons in the 18th Imperial Diet.

 

COMMONS

AYE

Rakoczy 

Stahl-Elendil 

O. Barclay 

Galbraith

 O’Rourke 

Wick 

Carrion 

Kortrevich 

Christiansen

 

ABSENT

C. Barclay 

Baruch 

Bykov

 

INTRODUCTION

The Swift & Fair Justice Act establishes time limits for completing the various stages of a federal criminal prosecution.

 

SECTION I: 

Definitions

Continuance - The postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte.

 

Sua Sponte - Of his, her, its or their own accord. Applicable to the Judge’s decision prior to motion or request from parties.

 

Summary Judgement - Judgment entered by a court for one party and against another party summarily, i.e., without a full jury trial. Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case. 

 

Memorandum - A memo detailing why the court should rule in a party’s favor regarding a summary judgement motion.

 

SECTION II:

Adding CH 608 to the Oren Revised Code

 

CH 608 - Swift & Fair Justice Act: On Courtroom procedures: 

1. 608.01 – The information or indictment must be filed within 1-3 saints days from the date of arrest or service of the summons.
2. 608.02 – Trial must commence within 1 year per annum from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later.
   1. 608.021 - The presiding Justice shall present a list of chosen times & dates to the prosecution and defense before a trial can occur. 
   2. 608.022 -Should the proposed times and dates not be sufficient, both parties may motion for a continuance at the judges discretion of 1 year per annum time so a court date may be decided. 
   3. 608.023 - Should a time and date not be agreed upon by either parties before or following the duration of said continuance, the solicitors of either party that cannot comply may be ordered to excuse themselves on the presiding justice’s judgement.
   4. 608.024 – Should the legal representation need to be replaced, another public defender and or prosecuting attorney may be hired by the party or appointed by the justice should one not be available.
   5. 608.025 – The presiding justice may issue continuance for a 1 year annum’s time, sua sponte.
3. 608.03 – A motion for Summary judgement, issued by either party, can be granted at the preliminary hearing before trial. 
   1. 608.031 - Summary judgement can be given if there are no material facts that can be reasonably disputed, and in light of the undisputed facts, the movant is entitled to judgment under the applicable law.
   2. 608.032 - A party’s motion for/against Summary judgement must be accompanied by a memorandum. 
   3. 608.033 - Summary judgement may also be issued should both parties agree to said motion. 

 

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Introduced by Member of the Commons Jonah Stahl-Elendil on 8th of Horen’s Calling, 1782

 

Cosponsored by Member of the Commons Padraig O’Rourke

 

Issued and proclaimed,

Peter III, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus, and Seventis, King of Kaedrin, Prince of Malinor, Grand Duke of Ves, Duke of Lorraine and Roden, Baron of Sedan, Vitzburg and Sedai, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera