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Post by Martì Prevuost on Apr 24, 2013 5:37:34 GMT -6
Motion granted.
M.A.G. Prevuost Magistrate
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Post by Béneditsch Ardpresteir, O.SPM. on Apr 29, 2013 12:44:48 GMT -6
...and then with the wiki down for the last two days, our repository of law happens to be inaccessible. Thus a further extension is prayed for.
Ben-Ard
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Post by Deleted on Apr 29, 2013 16:44:00 GMT -6
Objection, your Honour.
The wiki is a fairly new addition to our kingdom. While it is undoubtedly convenient, the government's stall tactic is tantamount to a US attorney begging for continuance because the Internet is down when a perfectly fine law library is only feet away. All statutory law as well as the organic law is available on the KoT website for the Attorney General's review in preparing a case.
We oppose continued delays as they run contrary to the interests of justice in this matter.
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Post by Vitxalmour Conductour on Apr 29, 2013 18:06:07 GMT -6
If I might be permitted to interject, as the Scribe of Abbavilla, a point relevant to the matter addressed by AG Ardpresteir and Admiral Asmourescu: Due to a miscommunication between myself and parties not relevant to the point, and a subsequent and compounding misunderstanding on my part, statutory laws since the creation of the wiki have not yet been updated on the Digest of Laws accessible on the KoT website (though it is my hope to remedy this situation next week).
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Post by Martì Prevuost on Apr 30, 2013 20:10:52 GMT -6
The objection is well heard and sustained.
The Government has enjoyed the Cort's leniency long enough. The motion for further relief for submission is denied. The Cort thanks the Scribe for his input but the failure mentioned is irrelevant as the Government had access to the laws of the Kingdom prior to the creation of the wiki on KoT and those enacted since its creation on Witt. That it is an inconvenience is of no consequence with respect to the rights of the complainant.
Before going further, does the complainant have a motion?
M.A.G. Prevuost Magistrate
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Post by Deleted on May 2, 2013 15:50:46 GMT -6
We move for summary judgment based upon the facts as presented.
Alternatively, we simply request that the government proceed with its argument in a timely manner to allow the court to decide the matter before it.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on May 2, 2013 16:22:49 GMT -6
The Seneschal asks to be heard for a brief comment. The government apologizes for its tardiness but asks for the courts indulgence so that we may proceed with our arguments. Thank you.
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Post by Martì Prevuost on May 2, 2013 16:49:50 GMT -6
The Cort will take the complainant's motion under advisement but will hold consideration of same in abeyance pending the Seneschal's comment.
The floor is your, Doctor.
M.A.G. Prevuost Magistrate
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on May 2, 2013 16:59:58 GMT -6
Thank you Your Honor,
I know it is unusual for a Seneschal to personally address the Cort and I thank the Cort for its indulgence.
I am asking the Cort to give the Ministry of Justice a brief continuation in order to prepare its argument. I am aware, as is the Cort and the complainant, that the repository of Statutory laws was unavailable in its entirety for approximately a week. While the kingdomoftalossa.com website does indeed hold copies of the statutes, it does not incorporate those statutes passed during the 44th Cosa and amendments to the Organic Law that were recently adopted during the General Election.
The Prime Ministry takes responsibility for this lack of resources and my government did its very best to get this back on line quickly. I apologize to both the Cort and to the Complainant for this delay in our answer to the case.
Thank you for your time. I again apologize if my comments are not entirely up to legal standards as I am not a lawyer and I am only a member of the Royal Talossan Bar, ex officio.
Txec dal Nordselva
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Post by Martì Prevuost on May 2, 2013 18:16:47 GMT -6
Thank you, Mr. Seneschal.
The Cort stands in recess to consider the complainant's motion for summary judgment as well as the Government's request for continuation.
M.A.G. Prevuost Magistrate
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Post by Deleted on May 6, 2013 19:42:53 GMT -6
Your Honour,
If it please the court, we ask that a deadline of four business days be set for the government to present their response brief so that the matter may be fully considered.
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Post by Martì Prevuost on May 6, 2013 22:45:31 GMT -6
Thank you, Admiral.
At present the Cort is considering the merit of your motion for summary judgement and the Government's request for continuation - two diametrically opposed motions.
Given the Cort's current other-than-Talossan obligations, it is likely that a ruling on the two motions under consideration will not be issued until Wednesday, May 8th. At that time, if necessary, the Cort will issue further guidance.
M.A.G. Prevuost Magistrate
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Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on May 7, 2013 3:17:14 GMT -6
If it please the Cort, notice is hereby given that, due to the present unavailability of the Attorney General, I am appearing in this case as counsel for the Government. I am a Senior Member of the Royal Talossan Bar and authorized to practice in this Cort.
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Post by Martì Prevuost on May 10, 2013 7:22:23 GMT -6
The Cort apologizes for its delay in responding to the substitute counsel's comment and in posting its ruling on the motions under consideration. Participants should anticipate another short delay while the Cort tends to other business.
M.A.G. Prevuost Magistrate
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Post by Martì Prevuost on May 18, 2013 21:10:42 GMT -6
Rulings of the current motions before the Cort.
1. Complainant's motion for summary judgment is denied. While the Cort was initially disposed to look favourably upon the motion, judicial restraint and the gravity of the case before us dictates a full hearing from the respondent on the matter at hand.
2. Respondent's motion for an additional period of time to respond is granted. The granting of this motion is not so much a benefit to the respondent as penance from the Cort for its own lack of judicial activity in the past 8 days. The time frame granted for this motion shall be one standard seven-day week, the reckoning of which shall commence at 0001 hours, Talossa Standard Time, Sunday, 19 May 2013/xxxiv and conclude at 2359 hours, TST, Saturday, 25 May 2013/xxxiv.
3. Upon conclusion of the additional time granted for respondent's comments, the Cort will move to closing arguments.
So ordered.
M.A.G. Prevuost Magistrate
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