|
More on the Basix from Royce Mitchell :
This isn't complicated. You are issued a ticket on which you signed agreeing to appear. Appear is a legal term of art which CAN mean physically show up or it can mean appear by motion.
*
First, go get a copy of your state's criminal rules. In there you will find the requirements for a complaint/information. Take note of the fact that the ticket does not meet the form requirements for a complaint. Then also notice what constitutes proper service in those rules. If you don't find them there, look in the civil rules because civil rules cover what is not covered in criminal rules. You'll notice that being given a copy of a ticket doesn't match up to proper service.
*
Then, since you were not properly served with a copy of the complaint/information and a summons (order to court), you can file what is called a "Special Appearance." This Special Appearance has a few words of art that you need to include, i.e., alleged defendant appears specially, not generally, to challenge in personam jurisdiction of this court." Then you give the rules related to proper service, i.e., what must be served, how it must be styled, who must serve it, when it must be served, and a the lack of a summons, showing that rule that a ticket is a complaint to which a defendant MAY (but is not required) to plead.
*
Then, your conclusion is such that there has been no proper service as is required under the rules and therefore the judge must dismiss with prejudice. This doesn't mean that they can't refile after they fix the problem, only that this case is fatally flawed because they failed to perfect service as is required under the rules.
*
If you want to take a shot at it and post it here for comment, I'd be glad to look it over. I won't research your law, only comment on the document's flow.
*
If you have any other questions, feel free to ask.
*
BTW, this is the demand for jurisdiction that others insist that you make. You show that there is no jurisdiction and then the plaintiff is required to prove it up. But, he can't since he didn't perfect service in accordance with the rules.
*
Royce
*
P.S.: this MUST be the first filing. If you've filed anything else, you missed your window.
|