Purpose

The Trial of Refusal (ToR) is the means by which a Warrior can refuse to act upon an objectionable order of a commanding officer.  Should the aggrieved Warrior win the Trial, he will not be required to obey the order under question with no loss of honor.  This Trial forces those in positions of leadership to defend their decisions in combat.  The ToR cannot be called to disobey the posted rules of the Clan nor to exclude oneself from posted duties. 

A Call to Trial

Should a Warrior be given an objectionable order, the aggrieved Warrior is required to first privately express disapproval of the order to his superior along with justification for the refusal.  If a compromise between the two Warriors cannot be reached, only then may the aggrieved contest the order with a call to Trial.  Public announcements of a ToR are neither required nor encouraged.  It is not necessary to inform the Keshik of a ToR, but any questions of a Trial's validity may be sent to the OathMaster.  Should the OathMaster learn that any of the above procedure has not been followed, he reserves the right to invalidate the ToR. 

Participants

There are three participants in a ToR: the two contestants and a Trial Officer.  The Trial Officer can be any active CDS Warrior, provided he has no personal interest in the outcome of the ToR, and both contestants must agree on whom the Trial Officer will be.  The ToR can occur at any time all three participants are available.

Mission Settings

Once all participants have gathered in a predetermined multiplayer lobby, the challenged Warrior has the right to determine the setting of the Trial, while the challenger may chose the time. Therefore, mission settings will be determined as follows:

Game Type: Battle
Map: Determined by the Challenged
Visibility: Determined by the Challenged
Weather: Determined by the Challenger
Time of Day: Determined by the Challenger
Time Limit: 60 min
No Frag Limit
No Waves Limit
Stock Mechs: Off
MaxTons: 100
Radar: Determined by the Challenged
Locked Server

Bidding on the undefined settings will begin with the Challenged and alternate between the two contestants until all settings are defined.  The Trial Officer will ensure that the mission settings are indicative of the contestants' preferences.  Participants may take custom Clan chassis of their choice with no tonnage limit, but contestants are encouraged to bid amongst themselves for chassis selection.  Final chassis selection will be declared by both contestants before leaving the assembly lobby, and each participant has the option to change chassis selection after the initial declaration (provided they remain within the bounds of any tonnage bidding done previously).  All mechs must be equipped with Clan tech equipment and weapons only.

Rules of Engagement

Upon entering the battlefield, the Trial Officer will confirm the positions of the contestants.  If the initial starting positions of the contestants seem unreasonably close, it is at the Trial Officer's discretion to require them to separate before engaging.  Contestants must be aware of each other's location before the order to engage is given; active radar or a laser shot into the air can assist in this.  Additionally, the two contestants must not have line-of-sight to each other before commencing; this prevents an alpha-strike immediately upon engagement.  Upon confirming readiness of the contestants, the Trial Officer will give the order for them to engage.

All participants must keep radar active unless they are engaged in combat.  It is at the pilot's discretion to use active radar/BAP/ECM when in combat.  The Trial Officer may move at his discretion to witness the Trial.

Conclusion

The Trial is concluded upon the destruction of one of the contestants.  Should two combatants mutually destroy each other or time expire, the contest will be refought.  If the challenger defeats the commanding officer, the challenger will not be required to obey the order under question.  If the challenged officer wins, the order must be obeyed.  At the conclusion of the Trial, the Trial Officer will forward a brief summary of the Trial and its outcome to the OathMaster who will ensure that the terms of the Trial are enforced.

Council Appeals

Political decisions abhorrent to a party are also subject to appeal by Trial of Refusal, but such ToR's typically involve Clans as a whole and originate at levels of the Grand Council.  In such ToR's, the competitors' force declarations are determined by the ratio of Council votes.  Such Trial procedures are unlikely within the scope of Clan Diamond Shark, but as an example of when this protocol is appropriate, one can review Khanship impeachment procedures.