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Post by Ups Antônio Martüc on Apr 5, 2006 11:28:43 GMT -6
I'd like to also add that the "new" complaints against me are to be rejected because he already filed his complaint and said "evidence" - He can't introduce "new evidence" mid-trial after he had filed his complaint - Too little too late!
And since he stated that he isn't going with 1 and 2 anymore, it looks to me like he forfeited his whole case.
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Danihel Laurieir
Citizen since 7-1981; Count since 2-23-2006
Videbimus Omnes
Posts: 400
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Post by Danihel Laurieir on Apr 5, 2006 18:53:49 GMT -6
ANNOUNCEMENT
The Cort, having been presented with the complainant's amended complaint and the defendant's arguments against allowing the amendment, the Cort will now consider whether to allow the amendment. The Cort will make public its decision on this matter tomorrow. Once that decision is issued, the Cort will invite the complainant to present his case.
Signed,
Danihél Lauriéir Acting Senior Justice of the Cort pü Înalt
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Danihel Laurieir
Citizen since 7-1981; Count since 2-23-2006
Videbimus Omnes
Posts: 400
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Post by Danihel Laurieir on Apr 6, 2006 17:01:04 GMT -6
DECISION ON AMENDED COMPLAINT
The Cort will allow the complainant to use the amended complainant he filed as the basis for his case.
The Cort does not concur with the argument of the defendant that the amended complaint should be rejected because the complainant (1) unfairly introduces new evidence and new charges too late in the proceeding and (2) that because the complainant no longer wishes to press the charges in his original complaint the complainant therefore forfeits his entire case.
Had the complainant filed charges citing a wholly different section of the statutes, or had completely jettisoned the evidence originally presented, or had accused the defendant of crimes unrelated to those in his original complaint, the Cort may not have accepted the amended complaint. But because the complainant's amended complaint is based in the same part of the statutes as his original complaint was, because the complainant will make use of the same evidence included (though not exclusively this evidence) in his original complaint and because the crimes in both the original and amended complaints relate to illegal use of electronic messages, the Cort finds that the amended complaint is acceptable.
The Cort will note for the record, however, that it hopes that in future hearings complainants will file original complaints that will require—at most—minor amendments. The Cort understands that in certain circumstances—as when events are still occurring or evolving—significant amendment may well be justified.
As per the rule outlined in Step 1 (Complaint amendment) of the Hearing Rules and Procedures, this decision is final. No further argument about this matter will be heard.
Signed,
Danihél Lauriéir Acting Senior Justice of the Cort pü Înalt
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Danihel Laurieir
Citizen since 7-1981; Count since 2-23-2006
Videbimus Omnes
Posts: 400
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Post by Danihel Laurieir on Apr 6, 2006 17:01:53 GMT -6
CORT MAKES INQUIRY OF DEFENDANT
Because the Cort accepted the complainant's amended complaint, the Cort is willing to grant the defendant extra time to prepare his defense. The Cort instructs the defendant to advise the Cort about how much time he will need to prepare his defense. The defendant is asked to give his advice on this matter to the Cort after the complainant has completed presenting his case. At present, the Cort intends to ask the defendant to make his plea no later than 24 hours after the complainant has completed presenting his case.
Signed,
Danihél Lauriéir Acting Senior Justice of the Cort pü Înalt
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Danihel Laurieir
Citizen since 7-1981; Count since 2-23-2006
Videbimus Omnes
Posts: 400
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Post by Danihel Laurieir on Apr 6, 2006 17:02:50 GMT -6
CORT INVITES COMPLAINANT TO PRESENT CASE
The Cort is now—at its furious pace—about to proceed to Step 2 (Presentation of complainant's case).
The complainant may now post his case in this thread.
The complainant may post a brief making his arguments and naming the witnesses he may call.
Witnesses who are able to post here on Wittenberg in the Courtroom will be invited to do so once they have affirmed that they will speak truthfully before the Cort. (The Cort will provide an oath.) If other methods are needed to obtain the testimony or statements of witnesses, the complainant may approach the bench to confer about logistics.
Signed,
Danihél Lauriéir Acting Senior Justice of the Cort pü Înalt
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King John
King of Talossa
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Post by King John on Apr 6, 2006 17:14:44 GMT -6
MOTION FROM COMPLAINANT TO APPROACH THE BENCH
Thank you, My Lord. I would like to approach the bench to discuss the best method for taking testimony from my first witness.
— John Woolley, UrN, Complainant
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Danihel Laurieir
Citizen since 7-1981; Count since 2-23-2006
Videbimus Omnes
Posts: 400
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Post by Danihel Laurieir on Apr 6, 2006 18:55:22 GMT -6
RESPONSE TO COMPLAINANT'S MOTION TO APPROACH BENCH
The Cort is willing to discuss this matter here openly in this thread or privately via email (with the defendant cc'd on all communications between us).
Please express your preference.
Signed,
Danihél Lauriéir Acting Senior Justice of the Cort pü Înalt
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King John
King of Talossa
Posts: 2,415
Talossan Since: 5-7-2005
Knight Since: 11-30-2005
Motto: COR UNUM
King Since: 3-14-2007
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Post by King John on Apr 6, 2006 19:01:44 GMT -6
I will shortly email Your Lordship and the other Justices, and the defendant. Thank you.
— John Woolley, UrN, Complainant
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Danihel Laurieir
Citizen since 7-1981; Count since 2-23-2006
Videbimus Omnes
Posts: 400
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Post by Danihel Laurieir on Apr 9, 2006 13:22:53 GMT -6
ANNOUNCEMENTS
1. The conference at the bench about how to proceed in taking testimony from witnesses will likely conclude soon. The Cort will shortly be making additional announcements about the decisions made during this conference and will and issue further instructions.
2. The complainant has the Cort's permission to proceed in calling his first witness.
3. The Cort begs the indulgence of all Talossan citizens to please not contact any of the parties to this case--the Justices, the defendant, any witnesses or the complainant--about this case while this case is proceeding. The Cort asks all the parites to this case to please--politely, if possible--refuse to answer any questions about this case from other Talossans who are not involved in the case. Thank you.
Signed,
Danihél Lauriéir Acting Senior Justice of the Cort pü Înalt
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King John
King of Talossa
Posts: 2,415
Talossan Since: 5-7-2005
Knight Since: 11-30-2005
Motto: COR UNUM
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Post by King John on Apr 9, 2006 13:56:51 GMT -6
My Lord, I would like at this time to call, as my first witness, Mr. Vincent Manzelli of Bloomfield, New Jersey.
— John Woolley, UrN, Complainant
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Danihel Laurieir
Citizen since 7-1981; Count since 2-23-2006
Videbimus Omnes
Posts: 400
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Post by Danihel Laurieir on Apr 9, 2006 18:19:49 GMT -6
ANNOUNCEMENT
In deference to the witness's wishes, the Cort has agreed to accept his testimony via email to the Cort.
Once Mr. Manzelli affirms an judicial oath and makes a promise about the integrity of his testimony, the Cort will publish his affirmation on this thread. The complainant will then have the Cort's permission to examine the witness via a series of emails. All parties to the case will be copied on the emails as they are exchanged. The Cort will supervise the interview.
When the interview is complete, a transcript will be posted on this thread.
A copy of instructions sent to the witness by the Cort is presented below:
INSTRUCTIONS TO WITNESS
You have been called to give testimony in before the Uppermost Cort of the Kingdom of Talossa. Under the rules of this Cort, every witness shall be required to declare that they will testify truthfully. In addition, witnesses will be asked to solemnly promise to follow certain rules designed to protect the integrity of the testimony of the witness.
1. JUDICIAL OATH
Please raise your right hand and read aloud the following oath:
As you stand before this Cort, before the entire Kingdom of Talossa, before the whole world, before any God you may worship, and before your own conscience, do you Vincent Manzelli openly and solemnly swear that the testimony you give will be the truth, the whole truth and nothing but the truth?
Now reply (if you do in fact want to so swear) in the following manner (inserting your name where the blank is):
Yes, I ____________, do so swear.
2. INTEGRITY PROMISE
Please raise your right hand and read aloud the following oath:
You have sworn that your testimony to this Cort will be true. Do you Vincent Manzelli also promise that while you are giving your testimony to this Cort you will not communicate in any form (in conversation, via email or telephone, for example) with any person except those whom the Cort explicitly allows? (In your case, as a witness called by the complainant, this means that as you give your testimony to the Cort, you will respond only to questions from the complainant (Sir John Woolley) and the three Justices of the Cort and will not communicate with anyone else, including the defendant (Ups Antonio Martuc)). Do you promise this?
Now reply (if in fact you do want to so promise) in the following manner (inserting your name where the blank is):
Yes, I____________, do so promise.
3. SEND CONFIRMATION OF OATH AND PROMISE.
Finally, in an email to the Cort that is copied to all the parties (the three justices, the complainant and the defendant), please copy the text of the JUDICIAL OATH and your affirmation of swearing to it and a copy the text of the INTEGRITY PROMISE and your affirmation of the promise.
The Cort will post your affirmations in the thread, and then the complainant will ask a first series of questions.
Thank you.
Signed,
Danihél Lauriéir Acting Senior Justice of the Cort pü Înalt
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Danihel Laurieir
Citizen since 7-1981; Count since 2-23-2006
Videbimus Omnes
Posts: 400
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Post by Danihel Laurieir on Apr 10, 2006 16:35:19 GMT -6
CORT APB FOR WITNESS
The Cort is eagerly awaiting to recieve Mr. Manzelli's judicial oath and promise of integrity. As of this writing, the Cort has received no word from Mr. Manzelli. The Cort asks Mr. Manzelli to come forth now and testify.
Signed,
Danihél Lauriéir Acting Senior Justice of the Cort pü Înalt
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King John
King of Talossa
Posts: 2,415
Talossan Since: 5-7-2005
Knight Since: 11-30-2005
Motto: COR UNUM
King Since: 3-14-2007
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Post by King John on Apr 10, 2006 21:49:11 GMT -6
MOTION BY THE COMPLAINANT
If it please the Cort:
The reason I called Mr. Manzelli as my first witness was that I wanted to question him and get his answers into the record before the defense had a chance to see my entire case. I didn't want Mr. Manzelli's testimony to be a reaction or a response to the other evidence I planned to introduce. By failing to appear when summoned, Mr. Manzelli (who is known to be a friend and associate of the defendant's) is unfairly frustrating this strategy.
I move the Cort to rule that if Mr. Manzelli does not appear within some reasonable time (to be set by the Cort, of course) he will be ineligible to testify on behalf of the defense.
— John Woolley, UrN, Complainant
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Post by Ups Antônio Martüc on Apr 10, 2006 22:18:25 GMT -6
Questions to the bench
In order to properly prepare my defense, shouldn't I have access to the Plaintiff's case? (ie list of witnesses, questions that may be asked, etc?) Vincent Manzelli will be my witness, the Plaintiff should just wait for cross-examination instead of summoning him prematurely when he can most definately conduct a cross examination during the presentation of my defense.
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Danihel Laurieir
Citizen since 7-1981; Count since 2-23-2006
Videbimus Omnes
Posts: 400
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Post by Danihel Laurieir on Apr 11, 2006 18:35:43 GMT -6
RESPONSE TO DEFENDANT'S QUERIES
The Cort will allow the defendant to ask the complainant for a list of potential witnesses he may call. The complainant has already indicated at least one such witness, and he is directed to furnish a list of all other witnesses he plans to call. However, the Cort will not require the complainant to disclose the specific questions he intends to ask any witness.
Because the complainant has the burden of proving his case, the Cort will allow complainant to call any witnesses he sees fit to call for his own purposes. Such witnesses, of course, may (or may not) later be called by the defense as well. Cross-examination of witnesses is normally limited to the scope of direct examination. Which means that if the complainant had to wait until the defense called a witness and rely on cross-examination, on direct the defense might not address the subject matter that the complainant needs to get into evidence—and that would unfairly limit the complainant's ability to make his case.
The Cort has relied heavily on Justice Siervicül's knowledge in formulating this response.
Signed,
Danihél Lauriéir Acting Senior Justice of the Cort pü Înalt
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