[weishaupt1776]

Deny that jurisdiction exists but give the reason why. Was there improper service? Get the point? Get this into the record before you move on any other point of jurisdiction

Oh, and if you are right and the judge doesn't dismiss, have a Notice of Appeal ready with a request to stay the proceedings pending an appellate court review of the jurisdiction issue, in the interests of judicial economy, of course.

Now, if you really don't have a special appearance issue, then don't be filing it because you don't want to look stupid before the appeals court. But, if you do have one, then by all means go after it and make this as costly as you can for the other side.

You should file the special appearance and note in the document that this appearance satisfies your agreement to appear as signed on the ticket, if this is the case of a ticket of some sort. Then you sit back and wait to see if they are going to do it right and create a complaint and send somebody to serve you properly with the complaint and a summons.* ALWAYS SEND IT CERTIFIED MAIL RETURN RECEIPT REQUESTED SO THERE IS NO PLAUSIBLE DENIABILITY ON THEIR PART THAT THEY DIDN'T RECEIVE YOUR SPECIAL APPEARANCE AND YOU END UP ARRESTED ON A TRUMPED UP TRAFFIC CITATION.


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However, the judge may set a date for a hearing on the matter. If so, go prepared to hit them with Notice of Appeal and request for stay of the matter until jurisdiction is dealt with by the appellate court.


Your appeal is on the grounds that there is no in personam jurisdiction. Whether or not you are the "person" might be considered a fact issue. It might also be support for a motion to quash depending on your rules.


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Don't forget affidavits of fact where one is needed to bring facts not apparent from the document you file.

That is why you serve the appearance on the Court via certified mail, return receipt requested. If a clerk fails to file the document, that is actionable as a violation of your procedural due process of law which would be far more costly than the fine.


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Remember, you have the right to notice of a hearing. If the judge rules on the motion and then issues an arrest warrant in violation of the rules, his bias is exposed and judges don't do that unless they know they have an idiot before them.


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If one files the special appearance giving the law and facts in something resembling proper form, it is likely that they will hold a hearing or dismiss the ticket. If he holds the hearing, then we need to be prepared to appeal any decision that is not a dismissal.


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What the other side is supposed to do is to file a complaint, ask the clerk for a summons and then serve you to appear. They hate spending the money and will try to shortcut you. You can force them to do the right thing if you know the rules and it isn't likely that a warrant will issue because that exposes the judge to a suit for damages because he acted in the complete absence of jurisdiction.


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