AN ACT
to Establish More Realistic Motions
PREAMBLE
Due to recent complications with the current motions, Congress shall hereby recreate motions that are prior to using in the courtroom. Whereas this act will amend ‘A Bill to Allow Courts More Legroom’. Whereas this bill shall fix the current issues with court motions.
BE IT ENACTED BY THE STATE OF FIRESTONE CONGRESS HERE ASSEMBLED THAT:
SECTION 1: ‘A Bill to Allow the Courts More Legroom’ shall be amended, to establish more realistic motions.
SECTION 2: The following sections within ‘A Bill to Allow the Courts More Legroom’ shall be amended.
SECTION 2A: Section 2 shall now state: “The following motions shall be able to be used in Firestone Courts: motion to dismiss, motion in limine, motion for nolle prosequi, motion for summary judgement, motion to strike, motion for a directed verdict, motion for judgement notwithstanding the verdict. Motions shall be directed to the presiding justice, and the presiding justice shall notify the party which is not motioning (or moving) regarding the motion. The other party shall have the ability to present his or her opposition (a statement against the motion) and the justice shall decide whether to accept or reject the motion.”
SECTION 2B: Section 2A shall now state: “Motion to dismiss may be submitted by the defendant during or before the trial. Motion to dismiss shall only be accepted if (1) there is no legal principle nor basis for the matter (2) the court lacks jurisdiction in the matter (only in foreign matters). Upon acceptance, the matter shall be dismissed immediately (with prejudice).
SECTION 2C: Section 2B shall now state: “Motion in limine may be submitted by either parties during or before the trial. Motions in limine shall require the Court to decide whether or not evidence presented should be accepted and be heard by the jury. Motions in limine shall be accepted if the evidence inflames the jury & leads them away from the legal basis & truth. Both the party which is submitting the evidence and the opposition have the right to submit such motion. Motions in limine may not be submitted in bench trials, and such evidence must be decided upon by the presiding justice without a motion having to be submitted.”
SECTION 2D: Section 2C shall now state: “Motion for nolle prosequi may be submitted by the Department of Justice or any other independent plaintiff in a suit, during or prior to trial. Motions for nolle prosequi shall be an official statement from the plaintiff(s), wherein they decide to drop charges against the defendant(s). A valid reasoning for this does not have to be presented in civil cases, however, must be presented in criminal cases. Valid reasoning in criminal cases are (1) the evidence lacks proving the defendant’s innocence (2) the prosecution believes that the issue-at-hand is not valid and is caused due to issues that are unable to occur in real life (this includes glitches) (3) any other reasoning deemed fit by the presiding justice and the Department of Justice. Attempting or succeeding to bribe, coerce or otherwise force an individual to drop charges shall be a misdemeanor charge of intimidating a party and shall result in a jail time of no more than 1 hour in prison (this charge may not be enforced by law enforcement).”
SECTION 2E: Section 2D shall now state: “Motion for summary judgement may be submitted by either the plaintiff or defense in a case, prior to trial. Motions for summary judgement may only be accepted if both (1) the evidence provided proves beyond a reasonable doubt in favor of the party motioning (2) there is no valid dispute regarding the evidence (may be interpreted by the presiding justice) (3) there is no valid dispute regarding a matter of law (4) any reasonable jury or presiding justice would agree with the party moving. Upon acceptance, all proceedings are skipped and the case shall fall in favor of the party moving. This may be appealed to a higher court only if valid evidence is provided that shows even a somewhat valid dispute.”
SECTION 2F: Section 2E shall now state: “Motion to strike may be submitted by either parties during trial. Motions to strike shall immediately order the jury or presiding justice to disregard evidence, testimony, speech or any outbursts in the courtroom. Motions to strike may only be accepted if (1) the matter (evidence, testimony, etc.) can, did or would inflame or otherwise prejudice the jury or presiding justice from the truth (2) the matter is in blatant violation of common law evidentiary proceedings (may be interpreted by the Chief Court Justice).”
SECTION 2G: Section 2F shall now state: “Motion for directed verdict may be submitted by either parties during trial. Motions for directed verdict have the same principles of motions for summary judgement, except that they must be submitted during trial. See Section 2D.”
SECTION 2H: Section 2G shall now state: “Motion for judgement notwithstanding the verdict may only be submitted by the defense, a maximum of (14) days after the verdict of a jury trial has been given. Motions for judgement notwithstanding the verdict may only be submitted in the case of a jury trial, and may only be submitted if the verdict is guilty. Motions for judgement notwithstanding the verdict shall have the same principles of motions for directed verdict & motions for summary judgement, except that they must be after the trial and must be in a jury trial. Upon acceptance, motions for judgement notwithstanding the verdict shall overturn the jury’s verdict of guilty to not-guilty.”
SECTION 2I: Section 2H shall be created, and shall state: “Motions may be submitted in writing or orally, and (as stated in Section 2) must be given a chance for opposition. A justice’s decision regarding a motion may be appealed to a higher court with valid reasoning.”
Drafted this 30th day of JuneSECTION 2J: Section 2I shall be created, and shall state: “If a defendant intentionally leaves during a subpoenaed trial without permission from a bailiff or the presiding justice, he or she may be held in contempt. Repeating this action (2) or more times may result in the justice ruling in favor of the prosecution.”
SECTION 3: The Firestone Courts and any other appropriate department or agency shall enforce this legislation.
SECTION 4: Upon passage, this act shall go into effect immediately.
SECTION 5: All laws in conflict with this legislation are hereby declared null and void.
Respectfully submitted to the Senate & Congress of the State of Firestone,Chief Sponsors:
Associate Attorney General, thekerbal
Senator, DevMartavisCo-Sponsors:
Attorney General, Brotix_RBLX
Bar Certified Attorney, FBIjk123
