Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #1  
Old 11-13-2005, 01:52 PM
outlawanaby
 
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Question Cross-claim/counter claim procedure

If you area criminal defendant charged with violations of Municipal code

1.Assault
2. Trespass
3. harassment

Having already pled not-guilty and preparing for a pre-trail conference.

Could a defendant motion the court with a cross or counterclaim against the complaining party for false reporting, conspiracy and such if you have evidence. Or should a new suit be initiated in Civil Court that is the new complaint?

Defendant has already provided above court with Jurisdiction with the plea, appearing and signing the ticket, so is it even worth the time to add jurisdictional issues?
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  #2  
Old 11-13-2005, 04:13 PM
HenryBowman
 
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bearing their header (bill of lading)


"As one cannot prove a negative, the alleged Defendant's plea of "Not Guilty" is hereby withdrawn, and a plea of "Innocent" is entered.

Further, "Judge" XXXXXXX is hereby Noticed that any and all Power(s) of Attorney and any and all Power(s) of Appointment that were formerly excercised by him without the alleged Defendant's knowledge are hereby REVOKED, RESCINDED, WITHDRAWN, and VOID. Any further Power(s) of Attorney and/or Power(s) of Appointment may ONLY be excersised with the alleged Defendant's (true name in parentheses) consent, and signed by the alleged Defendant in red ink, and bearing the alleged Defendant's right thumbprint in red ink.

Further, it is Ordered that "Judge" XXXXXXXXX shall certify his oath within ten days of this instrument being filed.

This the ___ day of November, 2005 a.D, By The Court.



(signature and thumbprint)"

Last edited by HenryBowman : 11-13-2005 at 04:16 PM.
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  #3  
Old 11-13-2005, 04:25 PM
David Merrill's Avatar
David Merrill David Merrill is offline
Come and Get Some!
 
Join Date: May 2005
Location: Colorado.
Posts: 6,318
bill of lading

Very good Henry.

Redirect the cargo into law. Then with the assumed arraignment void appear restricted under Rule E(8) but fail to participate at trial, preserving allocution for the man.

It might compliment things to take formal judicial notice of the gold fringes during the allocution. Read about the couple who never had sentence executed. I am not clear if they had their bond(s) returned but it sounds like they did. Look for the "Dear K;" quote.

http://forum.suijuris.net/showthread.php?t=4195


Regards,

David Merrill.


P.S. Rule E(8): http://www.law.cornell.edu/rules/frcp/index.html#supp

Quote:
(8) Restricted Appearance. An appearance to defend against an admiralty and maritime claim with respect to which there has issued process in rem, or process of attachment and garnishment, may be expressly restricted to the defense of such claim, and in that event is not an appearance for the purposes of any other claim with respect to which such process is not available or has not been served.

Last edited by David Merrill : 11-13-2005 at 04:33 PM.
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  #4  
Old 11-13-2005, 09:11 PM
outlawanaby
 
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[quote=HenryBowman]bearing their header (bill of lading)


"As one cannot prove a negative, the alleged Defendant's plea of "Not Guilty" is hereby withdrawn, and a plea of "Innocent" is entered.

Further, "Judge" XXXXXXX is hereby Noticed that any and all Power(s) of Attorney and any and all Power(s) of Appointment that were formerly excercised by him without the alleged Defendant's knowledge are hereby REVOKED, RESCINDED, WITHDRAWN, and VOID. Any further Power(s) of Attorney and/or Power(s) of Appointment may ONLY be excersised with the alleged Defendant's (true name in parentheses) consent, and signed by the alleged Defendant in red ink, and bearing the alleged Defendant's right thumbprint in red ink.

Further, it is Ordered that "Judge" XXXXXXXXX shall certify his oath within ten days of this instrument being filed.

This the ___ day of November, 2005 a.D, By The Court.



The only unfortunate possibility in all of this is the potential for contempt from the judge, or a very bad attitude towards the innocent that could lead to erosion of support of a light sentence if reversed. Additionally, since we may be under a tyranical govt. you are really tossing the dice. In the end though it may not be a bad strategy if there was not an injured party (perjured)

On a personal note: This forum is sweet!
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  #5  
Old 11-13-2005, 09:24 PM
HenryBowman
 
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Quote:
Originally Posted by outlawanaby
The only unfortunate possibility in all of this is the potential for contempt from the judge, or a very bad attitude towards the innocent that could lead to erosion of support of a light sentence if reversed. Additionally, since we may be under a tyranical govt. you are really tossing the dice. In the end though it may not be a bad strategy if there was not an injured party (perjured)

On a personal note: This forum is sweet!

I presumed you posed the post above for a response.

Evidently, you already know how it's going to go, and please forgive my attempt to help, where you didn't need it at all.

Evidently, you also believe that a "judge" is present in the courtroom.

Have fun.

Henry Franklin
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  #6  
Old 11-13-2005, 11:09 PM
outlawanaby
 
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Quote:
Originally Posted by HenryBowman
I presumed you posed the post above for a response.

Evidently, you already know how it's going to go, and please forgive my attempt to help, where you didn't need it at all.

Evidently, you also believe that a "judge" is present in the courtroom.

Have fun.

Henry Franklin

NO, I appreciate all information and help but have to walk a careful path due to my perception of the legal system being quite like the Roman Empire, when you are in it is hard to remove yourself, and the governors rule over evil and will toss one away to the lions; which makes it hard to feed the kids!

In the end my perception or reality is that they do whatever they want or can get away with no matter what you do or think. I know this is not courage personified to pull punches, but where did leroy s. and siminkin & plenty of others go wrong.

dont worry i do not need and answer to this, just ease my lame arse along later if you please
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