Bill: Proposed Case Structure Formalization Act

[xXLordLyonXx]

Author: Lysander Lyon, MP
Sponsor: N/A
Type: Act of Parliament

A
BILL
TO
Formalize Case Structure​

1. Short Title & Enactment
(a) This bill shall be referred to as the “Case Structure Formalization Act”.
(b) This bill was authored by Lysander Lyon.

2. Case Filing Structure
(a) The structure for filing a case and answering a case filing shall be set to the following, which is identical to their current structure:

Thread Title: [Plaintiff's Name] v. [Defendant's Name]

Thread Body:


[Plaintiff's Name], Plaintiff

v.

[Defendant's Name], Defendant


Civil Complaint:
Summarize the complaint here.


Parties:
Identify the plaintiff(s); defendant(s); co-defendant(s); and third parties by name.

1. Plaintiff
2. Defendant
3. Co-Defendant(s)

Factual Allegations:
Provide a concise statement of the facts giving rise to the claim, including the date, time, and location of the events in question if possible.

1. Factual allegations go here
2. With details as possible

Legal Claims:
Specify the legal claims or causes of action being asserted by the plaintiff, such as breach of contract, negligence, or fraud.

1. Legal claims or causes of action go here
2. With reference to specific acts or violations

Prayer for Relief:
Request the specific relief sought by the plaintiff, including monetary damages, injunctive relief, or other appropriate remedies. Please review the Court Orders, Powers, and Judgments thread for further explanation.

1. Prayer for relief goes here
2. With reference to the appropriate remedies

Verification:
I, (INSERT NAME HERE), hereby affirm that the allegations in the complaint AND all subsequent statements made in court are true and correct to the best of the plaintiff's knowledge, information, and belief and that any falsehoods may bring the penalty of perjury.

3. Trial Case Process
(a) The trial case process shall be outlined as follows:

Complaint is filed by the plaintiff.

1. A judicial officer reviews the complaint. If it is satisfactory, a summons will be issued to the defendant. That judicial officer becomes the presiding judicial officer.
2. The defendant will be notified of the complaint via a summons from the court, and given no less than 48 hours to indicate their presence.
3. After the defendant’s presence is assured, the presiding judge will give the defendant time to respond to the complaint with an answer.
4. If the defendant does not respond to either the summons or the complaint, the plaintiff may be awarded a default judgment. A defendant may still respond to the case and request a stay of the default judgment if they provide the court with an answer.
5. The presiding judicial officer will then call on the plaintiff to provide opening arguments explaining their side of the case and why they should prevail.
6. The presiding judicial officer will then call on the defendant to provide opening arguments explaining their side of the case and why they should prevail.
7. The presiding judicial officer will give time for witnesses to be called. The plaintiff and defendant will both have time to declare witnesses. The presiding judicial officer will then summon those witnesses.
8. The witnesses will be questioned. The side who called the witness shall ask their questions first. The other side can cross-examine the witness.
9. Once all witnesses have been questioned and cross-examined, the presiding judicial officer will allow the plaintiff to give a concluding statement providing a rebuttal including witness testimony to round off their case.
10. The presiding judicial officer will then allow the defendant to give a concluding statement providing a rebuttal including witness testimony to round off their case.
11. The court shall go into recess and a verdict will be posted.
12. The initial amount of time given to a party, including witnesses, to respond during a step should be 48 hours.

(b) If both parties agree to an expedited trial, after the opening arguments conclude in Step 6, the court shall skip to Step 11 to return a verdict.
(c) If the case involves a class, pursuant to the Civil Suit Reform Act, three extra steps will be inserted before Step 5 and the beginning of opening arguments.
(i) The first step is for the Plaintiff to provide proof of a common characteristic, either amongst the members of the Plaintiff’s class or amongst the members of the Defendant’s class, and all necessary documentation outlined in Section 2 of the Civil Suit Reform Act, if it was not filed with the initial case filing.
(ii) The second step is for the Defendant to be granted time to issue a rebuttal to the Plaintiff’s certification, which could be disputing the Plaintiff’s class status if the Plaintiff is a class, or could be individual Defendants disputing a common characteristic that the Plaintiff alleges makes them a class, or both, if both parties are a class. The court is encouraged to allow more time for this step if the Defendant is a class.
(iii) The presiding judicial officer shall review the arguments and choose to either certify the class or reject it. If the class is certified, the case moves forward. If it is rejected, the case is dismissed.

Enactment: This Act comes into force immediately upon passage.