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Large Legal Codex of Cortroom Procedures

Taken by and large from the German ZPO, StPO, and GVG.

Book One

First Part: The Corts

Title One: Competence and Moralities

1. Competence
The competence of a Cort is determined by statutes and the Organic Law.

2. Judicial Power
Judicial power and authority is exercised by independent Corts subject only unto the law.

3. General Regulations
Recourse to the Corts are administered by the Uppermost Cort, and lower national and provincial Corts.

3.1. Exceptional and Extraordinary Corts
Exceptional or Extraordinary Corts, which are created to handle a singularly defined matter, or a few individual matters, are not permissible. Nobody may be deprived of their lawful judge or Justice. Specialised Corts that are entrusted with jurisdiction over specific areas of law may only be created by an act of the Ziu.

4. Lis Pendens
The jurisdiction of a Cort is not affected by a change of material facts pertaining unto a case during a pending suit. While a lawsuit is pending, parties must not bring the matter of the lawsuit in question before other Corts.

5. Jurisdiction
The absolute and final decision of a Cort to permit a specific recourse before it is binding unto other Corts.

5.1. Improper Jurisdiction
If a Cort decide that a specific recourse be inadmissible or improper, the Cort shall order so after an ex officio hearing of both parties to the case, and shall simultaneously refer the case to the competent Cort of jurisdiction. If more than one Cort has potential jurisdiction over a case, the plaintiff or claimant shall indicate which Cort shall be invoked. Where the plaintiff or claimant neglects to choose a competent Cort of jurisdiction, the case shall be referred to whichever competent Cort of jurisdiction the rejecting Cort chooses. This ruling of jurisdiction is binding to the Cort to which the case is referred.

5.2. Decision of Jurisdiction ex ante
The Cort may issue a written order of proper and admissible jurisdiction of a recourse before it prior to proceeding with the matter at hand. It must do so, if one of the parties submits a reprimand of jurisdictional admissibility.

5.3. Order of Jurisdiction
Orders under 5.1. and 5.2. may be issued without prior oral proceedings. The Cort must justify and substantiate the order. Appeals against issued orders must be made without undue delay. The appeal may be submitted to the Cort that issued the order, in which case the Cort must refer the appeal to the appropriate appellate Cort, or it may be submitted directly unto the appropriate appellate Cort.

5.4. Finality of Jurisdiction in First Instance
An appellate Cort that decides on the merits of a specific case′s judgement shall not reconsider appropriate jurisdiction of the Cort of first instance.

5.5. Commencement of Pendency upon Referral
After an order of referral comes into effect, pendency of a case before the competent Cort of jurisdiction shall commence upon receipt of the pertinent files from the referring Cort.

Provisions of Presidency

6. President of a Cort
There shall be a president chairing every Cort, called [i]amzarfù[/i] in Talossan, and elected by and from among the sitting judges by secret ballot. The president shall serve for two years, and may be re-elected once. For a second re-election, the votes cast must unanimously name the candidate in spe; abstentions are not counted for the purpose of unanimity. Voting shall be carried out by the Clerk of Courts.

6.1. Responsibilities of a President of the Cort
The president shall represent the Cort and its interests before third parties. The president shall be in charge of appointing investigating judges to criminal cases, of appointing judges to different chambers, of naming deputies, and of allocating other duties within the Cort among judges and clerks of court. Before allocating duties, the president must afford affected persons the opportunity to express their wishes and concerns.

6.2. Decisions of a President of the Cort
The president of a Cort must give written notice of his executive decisions to the judiciary body. A member of the Cort affected by an executive decision of the president may lodge a complaint with the president, who must either remedy the complaint, or else within three working days ask the judges of the Cort to confirm the executive decision in question by simple majority.

7. Dismissal of a President of the Cort
A president may be removed from office for loss of confidence, mis-, mal- or nonfeasance by a two-thirds majority of all judges pertaining to the Cort of the president. Before such a vote, the president must be afforded the opportunity to plead their case, or otherwise comment on the matter. Voting shall be carried out by the Clerk of Courts in a secret ballot.

Court of Jurisdiction

8. Provincial Residence
If a national Cort be not the first instance of recourse in a case, then the provincial Cort in a defendant’s or respondent’s assigned province has competent jurisdiction over that person, if the law does not mandate a different specific Cort.

9. Default Jurisdiction
If a province have no provincial Cort established, then jurisdiction over a defendant or respondent falls to the lowest national Cort, which shall have jurisdiction over the case.

10. Jurisdiction over Legal Entities
Jurisdiction over legal entities as defendants or respondents shall fall to the Uppermost Cort. The Uppermost Cort shall also have jurisdiction over legal proceedings between governmental bodies, or legislative bodies.

11. Accord on Exceptional Jurisdiction
Merchants and legal entities may, among each other, reach a written agreement or tacitly approve to confer general jurisdiction of legal disputes in the first instance to a Cort that would ordinarily not fall within its purview.

Recusal and Exclusion

12. Exclusion
A judge is excluded by law from adjudicating in cases of conflict of interest, or where he is an interested party, or where he is related to an interested party by virtue of being a co-claimant, or being co-liable or co-responsible. He is furthermore excluded by law from adjucating in proceedings of his spouse, even if the marriage no longer persists; in proceedings of a person to whom he is or was directly related by blood or by marriage, or related in the collateral line by blood up to the third degree, or by marriage up to the second degree; in proceedings where he is to be or was called upon as a witness or an expert; in proceedings wherein he acted as a mediator or arbitrator.

13. Recusal
A judge must recuse himself sua sponte from a case upon receipt if he suspects that his impartiality may be compromised, or if there is a conflict of interest. In such cases, he must notify parties of his recusal without delay, and refer the case to the president of the Cort for reassignment. If the judge recuse himself later in the proceedings, he must declare a mistrial along with his recusal, and refer the case to the president of the Cort for reassignation. Parties may come to an agreement that a mistrial is not necessary, in which case the substituting judge may continue with the proceedings.

14. Substitution
Any party to legal proceedings may move for a judge to be substituted for cause, these causes being analogous to those enumerated in 13. Causes for substitution are furthermore negative or biased remarks that a judge made about a matter relevant to the case, or other actions and facts that are likely to cast doubt upon a judge’s impartiality. Such a motion must be made before the case proceeds to trial, or later and without delay if a party was not immediately privy to a judge’s bias.

14.1. Motion for Substitution
The motion for substitution may be submitted by any involved party to the judge himself, the Clerk of Corts, or the president of the Cort in question. The motion must be substantiated. If the judge do not accede to the motion and recuse himself, the president of the Cort shall appoint a judge from within the Cort to adjudicate the motion. The appointed judge may hear both the moving party, as well as the judge. In case a motion for substitution is granted, the order of substitution shall go to the president of the Cort, who shall appoint a judge to substitute.

14.1.1. Motion for Substitution in later stages
If a party do not claim bias and move for substitution at the beginning of the proceedings, but instead do so later in the proceedings, it must satisfy the Cort that it had no prior knowledge of grounds for substitution. The motion for substitution must be brought within twenty (20) days of discovery of the grounds for substitution, otherwise the right to a substitution is deemed waived. The waiver shall not take effect, or shall be suppressed, if a party can demonstrate that failure to bring a motion for substitution within the set time frame did not occur through their own fault.

The Ordering the Orderers Act

WHEREAS blabla
THEREFORE blabla, enact, blabla, civil-law notaries:

First Part

1. Notaries shall be appointed unto the service of the Kingdom of Talossa, to authenticate and certify legal processes and operations, and to attend to and administrate law and order in further tasks, as specified by law.

2. Notaries are, where not otherwise determined by law, exclusively and only subject unto the law. They carry an official seal and shall be styled [NAME], [TITLE], Royal Scrivener unto His Majesty, the King, or, when the Monarch is a female, [NAME], [TITLE], Royal Scrivener unto Her Majesty, the Queen.
The female version of a Scrivener shall be known as a Scriveness. The Talossan equivalent [NAME], [TITLE], Tularxheu Rexhital da Sieu Maxhestà, el Regeu or, when the Monarch is a female, [NAME], [TITLE], Tularxheu Rexhital da Sieu Maxhestà, la Rexheiçă shall be their official title. The female version of a Tularxheu shall be known as a Tularxhă.

3. Scriveners are appointed by the King, on advice of the Chamber of Scriveners, with three Chamberlains comprising a representative of the Ministry of Justice, a Justice of the Uppermost Court, and a member of the Royal Talossan Bar. Each institution shall appoint and delegate their Scriveners have tenure until lawful dismissal, or until resignation. Scriveners are deemed to have resigned their office when renouncing their citizenship.

3.0. Until proper provisions and tests of admission are set and implemented by law, Scriveners shall be appointed according to the rules given below, and the best deem of the Chamber of Scriveners. The Chamber of Scriveners is hereby also tasked to give itself rules and provisions of admission within a year after the enactment of this law.

3.0.1. The merits of a citizen’s appointment unto the office of the Royal Scrivener shall be considered only after the receipt of an application directed unto the Ministry of Justice. The Ministry shall be in charge of the applications and their processing. It shall decide whether the applicant meet the requirements to be admitted to the Office of Scrivener, and in such cases, shall submit the application unto the Chamber of Scriveners for consideration.

3.0.2. The Ministry of Justice must inform the applicant of a rejection of their application, stating its reasons for the rejection. The Chamber of Scriveners must be notified of the receipt and rejection of an application by the Ministry of Justice, with said notice including at least the name of the applicant and the letter of rejection sent to the applicant. The Chamber of Scriveners may decide to override the Attorney-General’s rejection, thereby admitting the application to examination by the Chamberlains.

3.0.3. If the Ministry of Justice decide to consider the application, it must be remitted unto the Chamber of Scriveners, which may subject the applicant unto an official hearing.

3.0.4. Applicants shall be chosen, or rejected, by their cognisance at law, by their legal practice, and by their aptitude.

3.1. The Chamber of Scriveners shall admit as many Scriveners as are necessary for the proper administration of law and order. However, the Kingdom of Talossa is obliged to provide her citizens with at least one Scrivener-in-office at all times.

3.2. Neither a reigning King, nor Queen, nor his or her consort, nor a regent during his or her regency, nor a Justice of the Uppermost Court, nor a judge of any inferior national courts may practice as a Scrivener.

3.2.1. Scriveners who are appointed unto, and accept, any of the abovementioned offices and positions, are suspended immediately from the office of the Scrivener until such time as they leave the conflicting office or position as per 3.2.

3.2.2. Upon satisfactory proof of the discontinuation of abovementioned prohibited offices, brought unto the Chamber of Scriveners, the suspended Scrivener may be reinstated as Scrivener once again.

3.3. Scriveners are appointed by Certificate of Appointment (Atestat dad Apîntamaintsch), to be signed by one Chamberlain of the Chamber of Scriveners, the reigning monarch, and by the Senior Justice of the Uppermost Court upon receipt of the oath as detailed in 3.3.1.5.

3.3.1. After receiving the Certificate of Appointment, the Scrivener must take following oath, as given in 3.3.1.3., in the presence of the Senior Justice of the Uppermost Court: I swear solemnly, in all conscience, to adhere unto the Organic Law and unto law and order, and to execute the duties of the Royal Scrivener unto His Majesty, the King, conscientiously and impartially. Long live the King!

The oath's words shall be changed to “Her Majesty, the Queen”, and “Long live the Queen”, if the reigning monarch is a female.

3.3.1.1. The oath may be taken with a personal religious context, if the Scrivener wishes so. The religious context may be inserted between “I swear” and “solemnly”, and a divine invocation may be implemented before the last sentence.

3.3.1.2. Should the Scrivener's religious beliefs prohibit the swearing to confirm an oath, the vow can be replaced with “I affirm”.

3.3.1.3. The Talossan equivalent of the oath shall be the official oath and shall read:

Xhureu solenămînt, på v’alma es va cunschençù, qe serc'harheu el Legeu es el Reglamaintsch Orgänic, es executarheu els deveirs del Tularxheu Rexhital da Sieu Maxhestà, el Regeu, vandadurămînt es împarcialmînt. ¡Så viva el Regeu!

The oath's words shall be changed to “Tularxhă”, if the Scrivener is female. Furthermore, its words shall be changed to “la Rexheiçă”, on both accounts where “el Regeu” occurs, if the reigning monarch is a female.

3.3.1.4. The oath may be altered as permitted in 3.3.1.1. and 3.3.1.2. In the latter case, “Xhureu” shall be changed into “Detxereu”.

3.3.1.5. The Senior Justice of the Uppermost Court shall certify that the oath has been taken by the Scrivener by signing the Certificate of Appointment.

3.3.2. The Ministry of Justice is instructed to print out an engrossment of every Certificate of Appointment and preserve these for posterity.

3.3.3. No Scrivener shall neither assume, nor conduct official duties and rights, until they have sworn the oath.

3.4. Scriveners must submit unto the Ministry of Justice three (3) signature samples, which may be used as a reference for certified documents under challenge.

3.4.1. A Scrivener’s signature shall carry at least three distinct characters, and must not be easy to forge.

3.4.1.1. A “distinct character” under this act is such one character, that can be distinguished from another by either shape, location or space.

Second part

Exercise of Office

4. Scriveners shall execute their duties and rights true unto their oath. They shall not be an agent unto one party, but an independent and impartial adviser of all interested parties to a matter.

4.1. Scriveners must deny official action, if they deem it incompatible with their official duty; particularly when their assistance is demanded for a discernably illegal or disingenerous purpose.

4.2. Scriveners must conduct themselves, within and without their office, in such a manner that is worthy of the trust granted unto the office of a Scrivener. They must beware of any demeanour that may give the appearance of the neglection of their lawful duties, especially the appearance of dependence, or partiality.

4.3. Royal Scriveners of the Kingdom are obliged to possess at least one quill and one inkwell of black ink. The Chamber of Scriveners may require proof of possession by visual copy (“photograph”), and may hence deny appointment until such proof is brought.

5. Scriveners may not refuse to exercise their duties without due cause.

5.1. Scriveners may refuse to exercise their duties when they are not adequately equipped to perform an assignment. However, they are obliged to at least possess adequate equipment to certify documents, as per 4.3.

5.2. A complaint against the refusal of exercise of duties is admissible. Complaints shall be lodged with the Ministry of Justice to determine whether disciplinary action can be taken. Recourse to the courts may be had against the Scrivener, if the Ministry of Justice declines or otherwise fails to remedy the situation.

6. Scriveners are not beholden to notarise in any other language except for Talossan and English, and they must ensure to offer their services in both languages.

6.1. Scriveners may offer their services in any other language, provided they are proficient in these languages, and provided that they have received permission therefor by the Chamber of Scriveners. To this end, the Chamber of Scriveners may scrutinise the Scrivener to ensure their faculty of the language in which he or she seeks to offer services.

7. Scriveners are barred from notarising any personal matters or concerns.

7.1. Scriveners may recuse themselves by virtue of prejudice.

8. Scriveners may charge a fee for their services.

9. Scriveners are sworn to secrecy, which alludes unto everything they learn in their official function. It does not pertain unto obvious matters, or such matters that do not require confidentiality in their nature. The confidentiality extends beyond the involved party’s death.

9.1. The obligation ceases to apply, when the involved party expicitly releases the Scrivener from their duty of confidentiality.

9.2. The obligation of secrecy persists after the scrivener’s suspension, or deposition, or removal, or retirement.

9.3. These duties of secrecy extend unto the scriveners’ assistants and employees.

10. Scriveners must repair damages arising from wilful, or wantonly negligent, or negligent breach of their duties unto others. In the case, where a scrivener is merely accused of negligence, reparations, especially of monetary nature, may only be claimed, if remedy cannot be obtained by other means.

Third part

Official duties

11. Scriveners are in charge of certifying any document, signature, signing, and duplication of a document. They are particularly tasked with the certification of resolutions in assemblages, and the recording of inventory assets, and estate inventories, and the certification of contracts and settlements out of court, and other contracts.

11.1. Scriveners are empowered to receive, and certify affidavits, in lieu of an oath before any national court.

11.2. Any notarised document is enforceable in a national court of law.

11.3. Furthermore; money, or actual securities, or valuables may be checked with Scriveners for safekeeping, or transferring unto a third party.

11.3.1. Scriveners shall issue to the originator of the transaction a signed certification over the receipt of any money, or of any actual securities, or of any valuables they received for safekeeping, or transferring.

11.3.2. Any delivery of money, or of actual securities, or of valuables entrusted to Scriveners for transferral, must only be delivered against acknowledgement by the receiving party.

11.3.3. Any return of money, or of actual securities, or of valuables entrusted to Scriveners for safekeeping, must only be returned against acknowledgement by the receiving party.

11.4. Scriveners may furthermore be authorised to act in any legal capacity of an authorising party, thus legally becoming the authorising party themselves.

12. Special Scriveners, called Royal Peruke Scriveners, or officially Pampularxheux Rexhitals (or for women Pampularxhăs Rexhitals), are chosen from among the Scriveners by the King, on advice of the Ministry of Justice, to serve the Government. They serve the nation, and especially the Ministry of Justice, and may be dismissed by the Attorney-General. Royal Peruke Scriveners have tenure through Governments.

12.1. Peruke Scriveners see to the certification of documents pertaining unto the Government, and the Ministry of Justice; particularly,

12.1.1. they serve to certify documents for citizens, which the Ministry of Justice issues unto them,

12.1.2. they serve to notarise mutual settlement agreements, or mutual Plea Bargains between the Government and accused.

12.1.2.1. Settlement agreements may not compel, or imply that any one involved party agrees, to being convicted for any misdemeanour, felony or crime of which they are accused. Such a requirement does not apply to Plea Bargains.

12.1.2.2. Settlement agreements may not compel, or imply that any one involved party agrees, to imprisonment or confinement. Such a requirement does not apply to Plea Bargains.

12.1.2.3. Settlement agreements notarised by a Royal Peruke Scrivener have the force of a court order of the Magistrates' Courts, and breachment thereof may, in addition to the enforcement of agreed penalties for breachment, be dealt with as contempt of court by the Magistrates' Courts.

12.1.2.4. The Magistrates' Courts shall only consider to regard breachments as contempt of court upon request of the Peruke Scrivener or involved parties.

13. Scriveners are obligated to instruct, and pledge any employees unto the duty of secrecy, as outlined in subsection 9.3.

Absence of a Scrivener

14. Should a Scrivener become absent or foresee to become absent for longer than a fortnight, he must notify the Ministry of Justice, who shall then appoint a Scrivener Procurate, in Talossan Tularxheu Acurat, or Tularxhă Acuradă, until such time as the absent Scrivener returns.

14.1. Should a Scrivener foresee that their absence will last longer than two months, or should the Ministry of Justice have due reason to suspect that a Scrivener will be absent longer than two months, then the Scrivener shall be administratively suspended until such time as the Scrivener returns, or the Chamber of Scriveners removes the absentee from office.

14.2. The Scrivener Procurate shall meet the requirements for the office of scrivener, and shall be under the same oath.

14.3. The Scrivener Procurate shall certificate documents under the authority of the Scrivener absent, which he or she replaces, and shall sign per procura (ppa.), in Talossan på xhußiun (p:xh), and shall use the seal of the Scrivener.

14.4. If the absent Scrivener is suspended, or removed from office by the Chamber of Scriveners, the Scrivener Procurate of the absentee shall take his or her place, and become a duly appointed Scrivener.

14.5. Any Scrivener who wilfully, or in wantonly negligence, or negligently fails to notify the Ministry of Justice of an absence that lasts longer than two months, must beseech the Ministry of Justice for reappointment.

14.6. If the Scrivener can satisfactorily demonstrate that the failure to notify the Ministry of Justice cannot be ascribed unto themselves, the Chamber of Scriveners shall reappoint the Scrivener to the office of a Royal Scrivener.

14.7. Any administrative action taken by the Ministry of Justice, or the Chamber of Scriveners, may be challenged in the courts.

Expiration of Office

15. The office of the Royal Scrivener expires

15.1. by reaching the age of retirement (Section 16.1.), or death;

15.2. by dismissal;

15.3. by renunciation of Citizenship;

15.4. by loss of office upon conviction in a court of law (Section 17);

15.5. by deposition (Section 18);

15.6. by removal from office through disciplinary action; or,

15.7. by temporary suspension (esp. Sections 14, and 16.2.).

16. A Scrivener may, at any time, request dismissal from office. The requisition must be submitted unto the Ministry of Justice in written form. The dismissal must be issued by the Ministry of Justice, effective from the date issued.

16.1. Scriveners reach the age of retirement upon reaching the age of 65 years.

16.2. A Scrivener that must attend either unto at least one minor child, or unto a relative in need of special care as certified medically, may request a temporary suspension.

16.2.1. The temporary suspension must not exceed two years’ time.

17. A poenal conviction results in the loss of office.

18. A Scrivener is to be disposed of,

18.1. when it is determined that he or she does not meet the requirements for office, or when he or she has entered the office under false pretences;

18.2. when a condition, where the decision of the Chamber of Scriveners is rendered null and void, is met;

18.3. when he or she refuses to take the oath;

18.4. when he or she is deemed to be continuously unable to execute his or her duties on grounds of health; or,

18.5. when he or she repeatedly neglects his or her duties.

18.6. In case of 18.3., the Scrivener is not yet regarded as duly appointed, and may be disposed of by simple declaration of the Chamber of Scriveners.

19. When a Scrivener’s office expires, all related files, documents and books must be delivered into the custody of the Uppermost Court.

19.1. The Ministry of Justice must see to the destruction of the official seal and stamp of the Scrivener. The Scrivener's seal, and stamp may be preserved when the Scrivener is deemed to return in a foreseeable future.

19.2. When the Scrivener resumes his or her duties anew; files, documents, and books, that have been given up unto the Uppermost Court, may be transferred back unto the scrivener.

20. The authority to bear the titles Scrivener and Tularxheu Rexhital, as well as their female equivalents, expires along with the office. These titles may also not be borne with an affixed indication of the office’s expiration.

20.1.When a Scrivener’s office expires due to a request of dismissal (16.) after having served for at least three (3) years, or due the reaching of the retirement age (16.1.), or due to a temporary suspension (16.2.), or in cases of subsection 18.4. after having served for at least three (3) years, the Scrivener may bear the title "Royal Scrivener, retired (rtd.)", or in case of a female "Royal Scriveness, retired (rtd.)"; in Talossan "el Restirat (e:R) Tularxheu Rexhital", or in case of a female "la Restiradă (l:R) Tularxhă Rexhital"

21. Objections or rescissions to dispositions or suspensions, be they terminal or preliminary, bear no suspensory effect.