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5537 v1.2 Lawyerdude: 888 476 8954 Lawyerdude1989@yahoo.com Check out my additional links at the bottom of this page.
This page is www.circuitlawyer.8m.com/5537.html and http://www.lawyerdude.netfirms.com/5537.html
Related pages:
P NJ 101: Definition and Glossary of the Patriot Nut Job movement.http://www.lawyerdude.netfirms.com/8843.html
Attorney Morris Dee’s summary: http://www.splcenter.org/intel/intelreport/article.jsp?pid=146
Sovereign Citizen Movement http://en.wikipedia.org/wiki/Sovereign_Citizen_Movement
How to Inquire about your case and ask for a status report: Http://www.lawyerdude.netfirms.com/7953.html
Overview of the LD method: http://www.lawyerdude.netfirms.com/8786.html
Motions 101: http://www.lawyerdude.netfirms.com/6025.html
Chronology 101: How to get started working with Lawyerdude: http://www.lawyerdude.netfirms.com/7434.html
How to write a partial chronology: http://www.lawyerdude.netfirms.com/8854.html
How to debrief: http://www.lawyerdude.netfirms.com/7775.html
Checklist on your way to court: http://www.lawyerdude.netfirms.com/8953.html
How to file, serve, and argue your motion: http://www.lawyerdude.netfirms.com/8952.html
What to say in court. How to talk to the judge: http://www.circuitlawyer.8m.com/5537.html
How to make Lawyerdude work well for you: http://www.lawyerdude.netfirms.com/contract.html
Briefs 101: http://www.lawyerdude.s5.com/6435memo.html
Strunk and White: The Elements of Style: Free online. Used in the better colleges and law schools: http://www.bartleby.com/141/
The litigation work Cycle: http://www.fu.gq.nu/6641.html
What to do next: http://www.lawyerdude.s5.com/6673.html
Read how Charlie saved his case when the judge denied his demurrer: Transcript: http://ronfox.250free.com/6709.htm
How to Win: http://www.lawyerdude.netfirms.com/7260.html
Briefs 101: http://www.lawyerdude.s5.com/6435memo.html
Lawyerdude’s links: http://www.lawyerdude.netfirms.com/5734.html
For Your Empowerment!
Be Strong. Resist Stealthy Encroachment!
Lawyerdude Presents:
How to Talk in Court - Making Objections and Answering them
Highlights of this page:
Question from Steve762. Answer: How to object to what the judge is doing:
Know what the idiot PNJ teach.
Warning: This is PNJ idiocy: Don’t do this!
Warning: This whole section is PNJ idiocy: Don’t actually do this!
Lilburne enjoyed the benefit of appointed counsel in 1648 and got money for his damages.
Medley of cases defining your right to a free transcript if you can’t afford to pay
Medley of traffic cases and winning motions.
Link to Medley of 143 cases that define Criminal Procedure in the United States
Medley of cases regarding the Amish, Jehovah’s witnesses and other honest folks fighting for freedom
What to say in court: Nothing. There are some exceptions. Here are some short speeches for you to use.
Here is an idea: If you are rich then do your homework. Call a court reporter a week before your court date. Pay the court reporter to go to court with you. Inform the court in writing that you will be bringing a court reporter because there is not one at the court. Then, upon arrival at court, notify the bailiff that you have a court reporter being paid by the minute. Ask him to ask the judge to move your case forward.
For the rest of us: Take a pen and two 3x5 note cards in your pocket with you to court. One card will be your “business card”. Write your name, telephone number, mailing address, email address, Lawyer’s name, and fax number on that card. Upon arrival write down the name of the judge, bailiff, court reporter, court clerk, prosecutor, public defender, and anybody else who seems important. You may need to ask the bailiff the names of these players.
If there is a court reporter then pick a time when the court is in recess. Ask the bailiff if you may talk to the court reporter. Then ask her for her card and give her your card.
After court please send me this list of names in an email so that I will know who was in court that day. Add this to your daily notation in your chronology #7777 or whatever for this case.
List of Short Speeches.
Speech 1 At every appearance you will say: “Good morning, Judge Jones. I don’t see any court reporter. Are we being recorded today. I would prefer to be on the record with a court reporter. Is that possible?”
Speech 2 At your first appearance the judge will say something like: “Mr. Smith, you are accused of speeding. How do you plead?” Unless you have received a written complaint signed by a prosecutor your answer must be: “Who accuses me?”
They may say that the court accuses you. If they say that then you may want to say: “The court may not accuse me; only the duly elected prosecutor may accuse me. The court is a neutral adjudicatory body.”
Speech 3 At this same arraignment they will want you to plead guilty or not guilty. Don’t do it. Here is your speech for arraignment:
“I am not ready to enter a plea. I was informed of the charges only today. I ask the court for 4 weeks continuance to permit me to consult with counsel in this regard.”
Speech 4 At your next appearance you will have generally filed a motion. The motion will be labeled with a serial number. For this example I will use the number 7777 but you should insert your particular number into your speech. If the hearing is for a motion to Quash then give the following speech.
“Good morning, your honor. I set this date for a hearing on my motion to quash. Have you read my motion #7777?”
The judge will likely attempt to prove that you did not write the motion and that you do not understand what is in the motion. Your reply should be:
“I have taken the effort to put my argument in writing. I have also attached a memorandum of cases and law supporting my motion. My papers state my case. As to whether or not I personally wrote this motion #7777 I am entitled to counsel. Your question is irrelevant. The constitution forbids you to inquire. I am happy to take this issue to a higher court by application for a writ. That is why I have asked for a transcript in writing in advance on the face of my motion #7777. There has been no response in opposition to my motion. But then who would respond? The prosecutor has not yet entered the case. The court is obligated to rule that indeed there is no case until the prosecutor complains in writing. I ask the court to rule. If you do not rule I will ask for a writ of mandate from a higher court.”
Speech 5 If you get flustered of have a question you may want to telephone me:
“I would like a few minutes to collect my thoughts. Could the court recall my case in a few minutes?”
Or maybe you have a question.
“Would the court permit me to go out in the hall and telephone my lawyer? I am indeed Pro Se but I do nonetheless have a lawyer and he can not be here today.” If he refuses you then you have an issue for a writ.
Speech 6 If the judge begins to cross examine or otherwise question you:
“I object. This is beginning to sound like an inquisition. It should be an adversarial process. The court is not my adversary.”
There are many other speeches. Remind me if I have not provided you with a speech to give at your next appearance. Or telephone me from court and I will tell you what to say. I print my toll free number at the top left corner of each of your court papers.
How to Talk in Court - Making Objections and Answering them
Here is a link to a free computer program to teach you to make objections: It is called “Jurisdiction”. You can download that game from my files section at my yahoo group here:
http://groups.yahoo.com/group/The_Lawyerdude/files/
Be sure to download all the files into one folder so that when it runs, the files can find each other.
Simply play that game on your computer
Question from Steve762. Answer: How to object to what the judge is doing:
Steve762@juno.com asks
" . . . during the last proceedings, I was not allowed to define words as I understood them and I believe there is an argument that I cannot be allowed to understand the law how can I obey the law. And also, some kind of motion when I ask Constitutional questions, they have to answer them. The last time I x-examined a cop on Constitutional issues, the judge said it wasn't relevant, and to move on. I also need to know the proper way to object."
Lawyerdude answers:
Steve, you simply say "I object" The more difficult task is meeting their objections. Tthe formula is this:
1. Learn what you can in advance about the top 4 objections and others.
2. Learn as you go with the rest.
3. The answer to objections is found in the evidence code. Read the section in the evidence code that pertains to the objection/ subject. In the case of "objection. 352" they are referring to section 352 in the evidence code. Read the evidence code sections pertaining to the list of exceptions to the hearsay objection. It is short and fundamental.
4. If necessary, ask to stop the proceeding to check the code section.
Or ask for assistance of counsel. Ask them to appoint somebody to advise you!!Objections come from the Evidence code, the constitution, and the penal code.
Every state has the same rules regarding objections. The statutes merely codify the common law. Look in your state's annotated evidence code at the library. The evidence code is short. The meat is in the annotations to the code section.
Here are the most commonly used objections:
1. Lack of Relevance. Prove that what you are asking is probative. "Probative" means that it creates an inference. An inference is a likely conclusion from a fact. "I walked into the room and he was cleaning the blood off the knife" The inference is that he stabbed the person on the floor dead.
2. No foundation. (That one will fool you. Prosecutors and judges (themselves former prosecutors) could easily tell you what foundation is lacking, but they don't. So ask em! "What foundation did you have in mind?" It will be something like "You didn't establish that this witness has any expertise in the area of blood alcohol tests" Then you simply lay the foundation "Dr. Jones, what is your experience and training in the area of blood alcohol testing?"
3. Objection. 352. Section 352 of the California evidence code permits the judge to delete superfluous evidence. How many experts do you need to present for this one point? Just when you think you are hammering them with repeated proof of the same point, they will say, in essence, that you have proven your point.
4. Inflammatory. Test: Does the prejudice outweighs the probative value. Best example: In Ventura all drunk driving lawyers get a big surprise. Before the trial, the prosecution makes a motion in limine (a motion out of the presence of the jury). The prosecution asks the judge to order the defense lawyer to refrain from any comment about the fact that their county employee drug laboratory manager witness Norman used to be a woman before his sex change operation. The prejudice here would outweigh the probative value - - so they say. There is a small book that I used to carry with me. It was called "How to meet and make objections" It was pilfered from my office while I was in jail following the raid at my birthday party. You must review the big parts of the evidence code anyway.
How to object to the judge cutting you off
Steve "I am understanding the court to be upholding its own objection. I ask the court what is the basis for the objection."
Judge: "The constitutional argument is irrelevant."
Steve762: "May I be heard on that issue?"
Judge: It's irrelevant.
Steve762: "I have an offer of proof and I would like to make it for the record - for consideration by the court of appeal"
Judge: It's irrelevant.
Steve762: "may I make my offer of proof on the record?'
Judge: No
Steve762: "I remind the court that due process means due process at EVERY stage of the proceeding, including right now. Due process includes a meaningful opportunity to be heard. Due process also includes a record for appeal. Also, the court of appeal would prefer that we resolve our differences at the lowest level. I ask that you at least permit me to state the reason for the relevance of this constitutional issue before you rule on it. You can not possibly know what my argument is until I state it."
(The is no need to say "I take exception" or any other song and dance. Those were the silly things that they did years ago. Merely stating your objection is good enough to carry the point on appeal.)
At this point the judge having jacked up your blood pressure may say something like: "oh, go ahead, what do you want tosay?"
Now, you may be so flustered from his attack at you that you don't remember. TELL HIM THAT!!
Steve762: "Wow, I am so flustered from your antagonism toward me that I last lost my train of thought." If necessary say this: "I ask that we take a break to permit me to gather my thoughts on this subject." Now. . . or after the break:
Steve762: "I offer the following proof. I ask that the witness be excluded while I present my offer of proof.I f permitted, I will ask the officer what happened during the traffic stop. I expect that he will admit that I did indeed protest, but regardless of whether I protested or not, he will admit demanding to know my name and other personal private information. He will admit that he did not Mirandize me. He will admit that he would have simply written a ticket had I not invoked my rights. This will prove that my rights were violated and that I was imprisoned for failure to testify against my myself. The remedy is a prophylactic one: Exclusion of evidence. The Supreme Court recognized the importance of constitutional rights by establishing several prophylactic remedies for violation of my constitutional rights.
Example 1: The exclusionary rule of Weeks v U.S. (1914) http://www.lawyerdude.netfirms.com/weeks.html forbids the court to use evidence taken in violation of my right to be free from unwarranted search and seizure.
Example #2: Then Miranda rule (1966) http://www.lawyerdude.netfirms.com/miranda.html forbids you to use testimony taken without advising me that it may be used against me.
Example #3: The rule of Gideon v Wainwright http://www.circuitlawyer.8m.com/gideon.html and its progeny forbid you to convict me if I don't have effective counsel. Griffin v Illinois http://www.circuitlawyer.8m.com/griffin.html says that due process must happen at every stage. Today this court is permitting the prosecution to introduce evidence obtained in violation of my constitutional rights. The pattern of the Supreme Court is clear. For over a century (U.S. v Boyd was deciced in 1886. Boyd case was about a receipt. The government wants to avoid Boyd case. It stands for the proposition that written papers are protected by the 4th amendment. Theodor Francis Franks case was faced that issue badly, but I digress. . .) there has been a prophylactic remedy. Now, today, this court mistakenly recognizes some imaginary exception. The constitution does not apply to Davenport Police? I politely told the officer that I wished to evoke my constitutional right to decline to give testimony. I heard him brag at the police station that he believes that I have no such right. You have taken an oath to uphold and defend the constitution(s). Both the Iowa and the U.S. Constitution spell out these rights. They exist even without the constitutions because the government is one of limited powers. We are here today on a traffic ticket - a new invention of theindustrial age - an instrument of oppression. I rest on this issue." Judge: Okay. You have made your point. I overrule your objection. Move on. Steve762: "Just so we are clear: If I don't move on, the court will find me in contempt" Steve, you must read the transcript of the Chicago 7 trial. I have a link to it on my website. If you can't find it then let my know. There is the website called "famous trials" with the entire transcripts. Angry federal judge Julius Hoffman in 1968 sentenced Lawyer William Kunstler to 4 years and 13 days in prison for his vigorous defense of the Chicago 7. Kunstler died some years ago. His partner Arthur Kinoy may still be alive today. The prison sentence got overturned on appeal - but only because Kunstler had powerful lawyer friends. -----
Original Message ----- From: <steve762@juno.com> To: <dlawyerdude@hotmail.com> Sent: Thursday, October 03, 2002 11:58 AM Subject: Re: Let me know what I should do. > I do have those in my e-mail and will shoot it to you. Round out the omni bus motion and in addition Ineed a motion for First Amendment Rights during proceedings, or something like that, during the last proceedings, I was not allowed to define words as I understood them and I believe there is an argument that I cannot be allowed to understand the law how can I obey the law. And also, some kind of motion when I ask Constitutional questions, they have to answer them. The last time I x-examined a cop on Constitutional issues, the judge said it wasn't relevant, and to move on. I also need to know the proper way to object. Steve
Here is a sample typical speech to give when the judge tries to accelerate your motion program. It was written after Pearl got accelerated right out of court.
6144 Another sample Traffic court speech.
This page is www.lawyerdude.netfirms.com/speech.html
Related page: How to talk to the judge:
Vmann, do NOT plan to make oral motions. Sure, do MAKE oral motions, but you are way deficient if you neglect to put em in writing!!! Do both. Number them sequentially beginning with 1000. Then you can remind the judge
"Your honor, I took the time to research and write 14 motions and I have them set for 7 different days as you can see in my schedule included in Motion #1003 which is scheduled for next month. I am new to litigation and I cannot possible do 14 motions in one sitting. There are all new to me. Due Process requires that I be given adequate time. Therefore I ask you to now reconsider your sweeping summary denial of 14 motions to which I have dedicated a total of 36 hours over the past 3 weeks. Furthermore, the prosecution has only answered one motion. Failure of the prosecution to answer should be deemed an acquiessence to my other 13 motions unless the prosecutor protests in which case his protestation should be in the form of a response of equal dignity. Equal dignity requires a written response to a written motion. If the prosecutor does not have time to argue legalities with me then I recommend that he choose his battles with greater discretion - because discretion is the better part of valor. Bottom line: I need time and I have a schedule. The U.S. Supreme Court says that I am entitled to Due Process at every stage. Authority Griffin v California where the court said those very words regarding Due Process at every stage.
Here is the linke to Griffin:
http://www.circuitlawyer.8m.com/griffin.html
When you wave your hand scornfully, you scorn not only me butyou scorn the constitution that you previously have sworn to uphold, which brings us to Motion #1008 my quo warranto which challenges your authority and asks you to prove that you have taken the requisite oath. Until this challenge you your jurisdition is resolved, we can go no further. So sayeth the Supreme Court in the 1838 case of Rhode Island v Massachusetts which is at this link: http://www.lawyerdude.netfirms.com/rhode.html
I have also contested the existence of this court, this city, this county, and this state. We can go nowhere until the prosecutor proves the corporate existence and refuted my denial and challenge.
So lets get first things first.
If you will not honor your oath then I will be forced to remove this case to federal court and/or recuse you. I have in my briefcase the papers for both actions - and one for interlocutory appeal of the denial of my demurrer and Suppression motion - which you have denied before I even filed my brief. You will find the notice on every motion that I file; it is my new habit to post concurrent demands and a list of pending motions on every page - just so that you don't forget a motion and move forward without considering the motion.
I have a schedule in this case. It will take 6 months to a year. Your court rules make no provision for a fast track for traffic cases; in doing so, your court denies to process to persons in my situation.
Also, your court sends out notices which is the job of the prosecutor. Your clerks work for the prosecutor. that is a conflict of interest for which I demand a dismissal - as seen in motiont #1012 which is set for March 14.
Also, your pay and that of your staff comes from fines in a case such as mine, as I have stated in the declaration with motion #1014. This violates the neutrality of the court as announced by the Supreme Court in Tumey v Ohio which is at: http://www.lawyerdude.8k.com/Tumey.html
Now, once again, I ask you to undo you summary premature dismissal and permit me to litigate this case in dignity with a judge who honors his promise to uphold the constitution which means you will uphold my civil rights. I rest."
There are at least 3 motions that can be taken up on appeal before trial:
A good litigator should have in in court with him.
1. A pre written ccp 170.6 et seq motion. this is the motion to recuse the judge for prejudice against you.
2. Notice of interlocutory appeal. Interlocutory means "during the locution" so I surmise. It is an exception to the final judgment rule. Judges love to say "so take it up on appeal" but that is not a good answer. You are entitled to DUE PROCESS at every stage - which means that the judge must consider all of your motions and not siplye deny them with a scornful wave of his hand. Authority: Griffin v Illinois. Here is the link: http://www.circuitlawyer.8m.com/griffin.html
3. Complaint for Removal to federal court. I think Pearl mentioned this. A Removal complaint stops everything in its tracks!! Who can show me the federal removal statute. Hint. I think I posted it once. If so maybe you can find it on Google.
Charlie's big fat brag page is here:
http://www.circuitlawyer.8m.com/5695.html
--- In lawyerdude@yahoogroups.com, "Daniel Quackenbush" <dquack@t...> wrote:
> Unlike small claims court, you are entitled to have an attorney represent you in an infraction case, so at my initial appearance I always ask for time to "consult" with and obtain an attorney to represent me (I consult with my attorney friend, just to keep my word!) and specifically say I am going to make a demurrer (thus, I refuse to plead). What usually happens with me is that the judge sets another court date. In the meantime, I can make a written demurrer and other pretrial motions (or writs, etc.)
>
> At the demurrer hearing, technically you have to also orally make the demurrer (but you can submit the argument or points and authorities in writing). After the demurrer is denied, then the judge should set up a trial date. You need time to investigate, find witnesses, subpoena witnesses, conduct discovery, including time to make a motion(s) to compel discovery, etc., etc., and so forth.
> ----- Original Message -----
Know what the idiot PNJ teach.
Patriot type litigation/ bond/ oath issues. Listed here for thoroughness.
I have not reviewed these issues and cannot recommend all of them.
I found all these following issues on one document on the internet. I list these issues because they are stimuli for triggering ideas and research. The following issues need development. They each require a memorandum of law which is something difficult that the patriot community often avoids.
Warning: This is PNJ idiocy: Don’t do this!
I found the following script somewhere on the internet. It is pregnant with half baked ideas and theories. Obstructionism is what this script is all about. Obstructing injustice is a good thing. Why not do justice properly? Smart folks write; dumbasses talk. The following script alludes to many pet bullshit theories of the PNJ movement. See glossary of the PNJ movement: P NJ 101: Definition and Glossary of the Patriot Nut Job movement. http://www.lawyerdude.netfirms.com/8843.html . Attorney Morris Dee’s summary:
http://www.splcenter.org/intel/intelreport/article.jsp?pid=146
Sadly, there are similar actual legal theories that can be made to work but the PNJ won’t put that much intellect to work.
"Is this a Court -of Record? --of Competent Jurisdiction?" If NO*, What are you convening?
What is your jurisdiction? "Duh!" Aren't there 2 types – Personam and subject matter? Which?
"Judge, is your Oath of Office Contract correct? I don't see where the person administering your oath had an oath AND/OR recorded his copy of your Oath." "Judge, why don't I find a Bond?"
"Did the judge sign the correct oath?" (not ‘impartial'?). (***File his Oath into the case:)
"Judge, In your oath I have here, Did you swear an oath to uphold the Constitution? Do you intend to process this case according to .the Constitution?"…the laws of this State? the UCC
Swear yourself in and demand all others (prosecutor) do the same -- if they refuse to be sworn in, then ask: "May I Let the record show that these people won't swear in & probably intend to lie?"
"May I see the charging instruments / the supporting sworn Affidavits from each and every accuser?"
"Judge, how can I know: --that you are being honest and adhering to the law? –if you are being deceitful?
"May I see an Affidavit from judge describing the nature & authority of this court?"
"Does any part of the fine I might pay go into the judge's pension fund?" "Is Judge___ a party?"
"Are you, judge, under IRS criminal investigation?" Do you, judge, have a D.L.? Recuse!
"Does it not appear that Plaintiff (State) hasn't exhausted all of its remedies in commerce?"
"How can I understand? How can I recall, as I don't remember a casual occurrence."
"Could you repeat / rephrase / breakdown / simplify the question?"
Warning: This whole section is PNJ idiocy: Don’t actually do this!
"Do I speak Legalese? To insure due process, may I ask a few defining questions?"
"Could this court Define $ money?" (See 37 below) How can I lawfully pay a debt with a debt?
Put the Federal Reserve Note on trial. (see 38) In what form of money/credit is payment /obligation due?
Command/ Demand a Bill of Particulars from prosecutor. Discovery. Interrogatories, Admissions.
Subpoena or depose the Attorney General; the cop & all hostile witnesses ASAP.
"Can you show me where The Post Office is lawfully authorized to serve process?"
"Does this Prosecutor have first hand knowledge or mere hearsay?" Incompetent witness.
"Judge, do you hold the full judicial power of the state? Or is it the military power?"
"May I Request (Command) an Affidavit that the judge has no bias, no conflict of interest and no interest in the outcome of this case?"
"Will You, Judge, Sign this contract that guarantees that you will protect ALL my unalienable rights that are protected by this country's and this State's Constitutions?"
"Don't I have the right to remain silent? Could anything I say be used against me?"
Are you trying to coerce me into violating my right to remain silent? Judge, if you are not going to protect my (Constitutionally protected) rights, shouldn't I expect you to recuse yourself immediately?
"Before I answer that, can you grant me immunity from state & federal prosecution?"
"I don't know my name." "I am sorry, what evidence do I have that THAT (all CAPS NAME) is my true Name? – I don't recognize THAT as my true NAME—as me.
Warning: This whole section is PNJ idiocy: Don’t actually do this!
May I object to your use of that Idem sonans (homonym, dumbass!) under the legal principle of Capitis Diminutio?"
UCC "Excuse me, Judge, What is your name? Do you have a claim against me? Do you know anyone who has a claim against me?** (NO) May I request the order be released unto me?"
"I can't find a competent attorney for sentencing. Nobody would sign my contract." Read it.
"How can I make a legal determination on what you are asking me to do?"
"What?? I am sorry but is your question reasonably calculated to lead to the discovery of admissible evidence? Could you rephrase the question?"
"Don't you need my permission to do this? Do I have to volunteer? Don't I have to consent?"
"If you don't need my permission first, why did I have to sign the citation/order/contract?"
"How am I liable for the sum in controversy?" [See page 15 of Koffler & Reppy's revision of Shipman's classic "Handbook of COMMON LAW PLEADING"]
*IF "NO"ask, "Based on What? May I let the record show that: (repeat --the gist of the Question above")?
"Your Honor, how do you propose to collect? Where do you have my promise to pay?"
"Is it lawful for the State to demand anything from us other than gold or silver coin? Where?
Don't the legal tender laws only apply to debts founded on a contract? Are Judgments and taxes founded on contract? Please take judicial notice that there is no gold or silver coin in circulation. It is impossible to pay. The law does not require the impossible." Clearfield.
"Judge, why are You asking me Questions? Isn't my Accuser supposed to be the one to ask me questions? Are you judge, my accuser? Are You practicing law from the bench?"
"Mr. (United States) Attorney, are you an organic part of the (federal) Justice Department?
Are you prosecuting me upon your own recognizance, or did somebody authorize you to?"
"May I ask if this Prosecutor is a competent witness with first hand knowledge? If he is not, for the record may I order him not to speak as he only has hearsay evidence? Is he an Interloper?"
"Where is the Victim? Where is the First-Hand Eye-Witness? Where is a competent Accuser?"
"The info on my Birth is hearsay, and you won't admit Hearsay evidence into this court, right?"
"What is the Tax Identification Number of this Court?" (proves Court is a corporation.)
"Your Honor, are you a Mason? -- Mr. Prosecutor, are you a Mason?"
Warning: This whole section is PNJ idiocy: Don’t actually do this!
"Your Honor, are you a Beneficiary of any of the Inns of the Court?
"Excuse me, can you show me where your judge's office was created by law?"
"Are you silently presuming that I know the law, Judge? How is it physically possible for me to read the over 60 million statutes plus everything ever published in the Federal Register?
For the Record, can this Court take judicial notice that I do not know the law?"
"Isn't there a statute that says the clerk shall record ALL orders? - I order this case dismissed"
That depends, your Honor, on How do you define "Under stand"? I do not Understand. ( = I do not come under your standing, Judge/court.)
That is Not my Signature. Were the underlying presumptions of this contract disclosed to me?
"In order to understand the legal language, please provide me with a Black's 4th Ed. Dictionary"
Judge, may I hold You as Surety so that I will not be damaged by your undisclosed presumptions, nor by my ignorance of the written and unwritten law, fact or presumptions in this case? (IF "NO", ask: "May I let the Record show that the judge will not…?"
I Conditionally Accept your ____for Value upon valid proof that you can verify that claim.
Your Honor, are You a Public Servant? If "NO" -- Then, Whom, Sir, do You serve?
May I see your State issued License to Practice Law here in Washington? Is a BAR card a License? What law allows any private non-profit organization to issue a State license? Is WSBA a closed Union Shop?
May we cut to the chase here? What would this Court want from me?
I will be glad to comply if you, judge, will just sign an order compelling me to perform.
I would like to answer that Judge, but I must defer until I get competent assistance of counsel.
Is this case Civil or Criminal? Civil? Then, shouldn't we go by the civil rules here?
OPTIONS: ***Get a certified copy of the Judge's oath and file it into the case, to lock him in.
Get a certified Court copy of your Ticket (front & back). Get copy of 2 ticket #'s before & after yours.
Go to the Annotated RCW's (State's statutes) and copy all of the case cites in the statute(s) you violated, build your case (submit a brief) around a few good ones. Shepardize these cites to find any new case law.
Subpoena homework from officer's required "creative writing" (fiction) class & compare w/ the police report.
Submit a certified copy of the 1878 Washington Constitution (Walla Walla) under Mandatory Judicial Notice.
Remove Case to Federal Court. OR Ask Judge for curative instructions.
Warning: This whole section is PNJ idiocy: Don’t actually do this!
Sovereign Options: The very first words you say to the Judge (before identifying yourself):
1. "Hello Judge, and welcome to the de-jure state of Washington, How will you act on the Soil today?"
2. "On my own private unlimited commercial liability, I certify that the statements which I am about to make are true, correct, and certain. Will the prosecutor do the same?" Will he lie?
3. **I am a sovereign, Does this court recognize that fact?
4. Does this court recognize that I am a sovereign? If "NO", quote [RCW 42.17.251]
Let the record show that by absence of stipulated facts, that this court recognizes that I am the sovereign. As a matter of law, isn't a License defined as permission to do an act that would otherwise be unlawful?
5. [What about (what I am accused of ) is unlawful?]
Your honor, I will be happy to go down today and buy a license, if the court will but tell me where a sovereign goes to get permission to do anything.
6. Let the record show that as a sovereign, I convene this court today for my benefit.
My Name is My Christian Name, and I am here on behalf of the Bankrupt DEBTOR, "MY NAME,"
Also: **Remember UCC 3 Magic Questions?:
What is Your Name, Judge?
Do You have a claim against me? (3. Does anyone here have a claim against me?)
Can anyone here make a more superior claim against this STRAW PARTY than me?
ALSO: 4. Can You provide me with the Appearance Bond, on my own personal recognizance, at no cost to me, to enable me to freely make a Plea in this case?
Upon your Refusal, that will be a Dishonor. I will use your Dishonor to charge an involuntary bankruptcy petition for closure and discharge.
7 Steps of OBJECTION (not consenting): If the Judge/Prosecutor says anything negative you must immediately OBJECT (or - state that "I do not consent.") by ASKing;
ASK: "For the Record, may I respectfully - OBJECT ?" "NO"* à If OverRuled:
ASK: "For the Record, may I respectfully - request a legal Reconsideration of your Ruling?"
"For the Record, may I respectfully - Reject that Ruling and take Exception to that Ruling?" "If NO!"* à if Overruled, or "Your Objection is Noted for the record":
(You can still stand your Ground:) ASK: For the record, may I - request the legal or factual basis for your ruling, your Honor? à If "NO!":*
ASK: For the record, may I respectfully - request a "written judicial Finding of Facts and Conclusion of Law" on this issue?. à If Angrily Denied*:
For the record, may I respectfully move for an interlocutory declaratory appeal on this matter?
ASK: For the Record, may I - move to stay these proceedings until this instant matter is adjudicated by a court of competent jurisdiction?
Warning: This whole section is PNJ idiocy: Don’t actually do this!
*When the Judge says NO!* -- *ASK: "BASED ON WHAT Law or Fact?"
*If "NO"ASK "May I let the record show this court will not allow the Accused to --?"
May I deny _____________ with timely rejection as hearsay?
May I ask for curative instructions?
If the judge cites you with contempt of court: "For the Record: I am sorry--
IS THAT CRIMINAL CONTEMPT OR CIVIL CONTEMPT, Judge?"--WAIT!
Criminal: Who makes the Claim, What's the Crime, & Who is the injured party, Judge? Wait for Answer
Civil: Where is the Contract between You and Me? Did I agree to any terms of any contract Judge?
"I do not wish to be found either in contempt of the Law, or in contempt of this court.
How can I be found in contempt if I am only following the Law & Rules before me?"
Options: --Can you, Judge, provide curative instructions to help me stay within the law?
--For the Record, Does it not appear that this court is acting in contempt of the Law?
--Can you show me how/where this court is following the Law respecting this matter?"
--For the Record, Can you point out just which Law/Court Rule here am I disobeying??
--For the Record, Which Judge will adjudicate your citing me with contempt?
--For the Record, may I find this Court appears to be acting in contempt of the Law?
--For the Record, may I find you Judge, to be in contempt of the Law, and malfeasant and misfeasant in your performance on the bench today, and in breach of your sworn oath?
Subject: HOW TO RESPOND TO CONTEMPT IN THE COURTROOM:
Warning: This whole section is PNJ idiocy: Don’t actually do this!
If used properly This should back a raging dragon judge right back down in his chair docile....... believe me it is
not easy to do that ..... "KNOW RIGHTS OR NO RIGHTS" William Mayhar
How to Respond to Contempt of Court, Judicial Attack
We cringe for people going into court, dealing with the "sons of vipers, offspring of serpents" in these outlaw courts today. So many people write to us and call us, as they are being rendered in the money machine every day, liquidated to the Funding Streams for the elite.
The rendering is in the PROCESS and most people do not have experience to understand or recognize corrupt process when they are in the middle of it. Attorneys do - they created it and don't let everyone in on the "secret"