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- Jun 30, 2024
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- #1
Author: Lysander Lyon, MP
Sponsor: N/A
Type: Act of Parliament
Preamble: This legislation aims to set a minimum, recognized floor for legal damages, and entitle Defendants to damages as well.
1. Short Title
(a) This bill shall be referred to as the "Damages Reform Act".
(b) This bill was authored by Lysander Lyon.
2. Legal Damages
(a) The judiciary of the Azalea Isles shall recognize a minimum legal cost of $1,000 per week incurred by parties represented by a lawyer in a trial.
(i) The presiding judge or justice may revise this value downward for any specific week of a trial if not much was achieved that week: IE, only one statement was submitted.
(ii) The presiding judge or justice may revise this value upward for any specific week of a trial if a significant amount of legal work was done that week: IE, major questioning and cross-examining of multiple witnesses was done.
(iii) The cost may be separately revised and adjusted for each side of a trial.
(iv) The presiding judge or justice may request information to be privately presented to them on the manner of the costs being incurred by each party. The request for this information will be made in the court forum thread, each party will confirm that they privately direct messaged the presiding court official with the information in the forum thread (but will not present the information there themselves), and the court official will confirm receipt in the forum thread. This information could be, for example, on the private agreement between a lawyer and the client detailing costs, to ensure the legal cost is not being overdone.
3. Defendant Compensation
(a) Defendants can request, in their counter-filing, payment of any court cost, as well as payment of court-recognized legal fees.
(b) If the Plaintiff or Prosecution loses the trial, they will be responsible for paying any court filing costs or witness costs.
(c) The presiding judge or justice, if they choose to award legal damages, shall consider the outlined information in Section 2 in making their decision, in addition to evidence provided during the trial.
Enactment: This Act comes into force immediately upon passage.
Sponsor: N/A
Type: Act of Parliament
A
BILL
TO
Adjust Court Rules Relating to Damages
BILL
TO
Adjust Court Rules Relating to Damages
Preamble: This legislation aims to set a minimum, recognized floor for legal damages, and entitle Defendants to damages as well.
1. Short Title
(a) This bill shall be referred to as the "Damages Reform Act".
(b) This bill was authored by Lysander Lyon.
2. Legal Damages
(a) The judiciary of the Azalea Isles shall recognize a minimum legal cost of $1,000 per week incurred by parties represented by a lawyer in a trial.
(i) The presiding judge or justice may revise this value downward for any specific week of a trial if not much was achieved that week: IE, only one statement was submitted.
(ii) The presiding judge or justice may revise this value upward for any specific week of a trial if a significant amount of legal work was done that week: IE, major questioning and cross-examining of multiple witnesses was done.
(iii) The cost may be separately revised and adjusted for each side of a trial.
(iv) The presiding judge or justice may request information to be privately presented to them on the manner of the costs being incurred by each party. The request for this information will be made in the court forum thread, each party will confirm that they privately direct messaged the presiding court official with the information in the forum thread (but will not present the information there themselves), and the court official will confirm receipt in the forum thread. This information could be, for example, on the private agreement between a lawyer and the client detailing costs, to ensure the legal cost is not being overdone.
3. Defendant Compensation
(a) Defendants can request, in their counter-filing, payment of any court cost, as well as payment of court-recognized legal fees.
(b) If the Plaintiff or Prosecution loses the trial, they will be responsible for paying any court filing costs or witness costs.
(c) The presiding judge or justice, if they choose to award legal damages, shall consider the outlined information in Section 2 in making their decision, in addition to evidence provided during the trial.
Enactment: This Act comes into force immediately upon passage.