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Courtroom Procedures Amendment No. 2 Act 2025

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Preamble

Whereas Tau has put the Tau in an offshore bank;

The Senate of SimDemocracy Proclaims:

Courtroom Procedures (Amendment No. 2) Act 2025

An Act to update cost provisions in the CPA and to define “Cabinet”

Section 1: Amendments

§1. The Courtroom Procedures Act 2025 is amended by –

§1.1. Creating a new Article 1 §5 which shall read:
    “§5. The term “Cabinet” in this Act refers to any non-elected officer who serves at the pleasure of the President, and is confirmed by the Senate, and the Attorney-General.”
§1.2. Replacing Article 27 with:

Article 27: Costs

§1. For Criminal Cases, each party shall bear their own costs, but this section shall not bar suits under the tort of Abuse of Process.

§1.1. Where the defense has been provided an attorney under the OPD Act, the State shall bear the costs for hiring said attorney.
§1.2. Where the defense has obtained their own legal counsel for a substantial portion of the case, the Judge may order that the State bear the costs for the legal counsel which shall be capped at an amount less than or equal to the per-case pay of a Public Defender under the OPD act, or where no amount is stated, 150t, if the Judge determines that the self-appointed legal counsel has provided reasonably sufficient and zealous advocacy for their client.

§2. For Civil Cases, the losing party shall bear the costs of both parties.

§2.1. The Judge is to hold a hearing to determine the costs paid, at the conclusion of the suit.
§2.2. The Judge is to determine costs by considering –

(a) Whether the costs arose from unnecessary or frivolous pleadings or filings;

(b) Whether there was misconduct on the part of either party;

(c) The cost of legal representation paid by each party; and,

(d) Such other factors as the Court may deem necessary.

§2.3. The court may also choose to make no order as to costs, in which case a party may instead sue under the tort of Abuse of Process.
§2.4. Costs are to be paid in general from the losing party to the winning party. However, in consideration to the factors listed in §2.2, the Judge may lower costs or order costs against the winning party.
§2.5. In all cases no cost order shall exceed an amount two times of the salary of the President of SimDemocracy.
§2.6. Either party may also waive their right to costs and instead sue under the tort of Abuse of Process.”

Main Sponsor, Senator Hmquestionable