Notice And Demand Court Take Judicial Notice

[masterduke]

Livefire, At least with the law school backround you would Know for sure how the game is rigged! Kitchie has a real understanding of what is going on here, as I must confess allot of ignorance and just not knowing procedure. Yes, Sui Juris members have been inspirational as well as Jurisdictionary but there are still big gaps in my knowledge and how to approach and think along these legal lines.
Even the worst of these bar member dopes (like the screw from wolpoff who cheated us in court) knew HOW to present his garbage, and this with numerous mistakes made by them right from the begining (also with help from black bart on the bench) and this young dope was certainly no genius, but he had training (both from law school as well as wolpoff trains their rookies exstensively, overheard him yaking with another bar member/former classmate in court) enough to be able to screw us as well as countless others I'm sure.
JRB must get a kick out of reading this stuff, as he knows how the game is played and I bet he takes exterme pleasure in seeing people getting worked by system

[KITCHIE]

The method I use to tie them up is:

I make a statement, then I give them the statute, then I give them case law that supports my position. I throw court rules at them too.

When I do this I am also notifying the judge that she/he better do what's right. You know I tell the judge you will be held liable to me in your private capacity if you don't do what is right.

I have a great mentor who hs been playing with the court for 25 years. He points me in a direction and I run with it. I have received some great comments from this man. He has told me and a bunch of friends of mine who get together for dinner on Saturday that I have done more in one year than he has in the first 10 years of his "fun" in court.

He hates it when I do the hifen and colon in my name, but he has seen it work for me so he has backed off on that.

Masterduke, we are in commerce and we deal in contracts all day every day. Example: Hey do ya want to go to lunch? Other party, Sure. That's an offer and acceptance.

People have a hard time with this and court. It's really all the same.

As soon as you can wrap your head around that... you won't have any trouble.

I have only been doing this since November of last year and even I am surprised at what I have been able to do.

Last night a the county commission meeting there were several judges there. They remembered me in their court and were very friendly to me. It's really a hoot.

Your gonna get it. Don't be afraid of it, just do it.

Kitchie

[Livefire]

Thats it!!!!

A support group in your own backyard is invaluable as a resource. Something we would all be wise to have. Sounding board as far as ideas AND showing up as witnesses in court when the man tries to stick it to you!

[georgealexander]

kitchie said:

He hates it when I do the hifen and colon in my name, but he has seen it work for me so he has backed off on that.


I am curious as to the reasoning behind or origin in punctuation of names.

I am particularly interested in anything that 'works'.

George Alexander

[KITCHIE]

When I appear specially and not generally in my own person one not under another propria personnae and sui juris I have told the court I am not a juristic person nor am I standing in for another.

The court continually tries to recast me as Pro per or Pro se. I tell the court that it cannot recast my status.

The hifen and colon in my name distinguishes me from the governments "gift" of the fictional name i.e. DBA the all caps name.

Kitchie

[Shoonra]

I am not sure what came before the document you give at the beginning of this thread, but "special appearance", whether it's pro se or by an attorney, is used ONLY for disputing jurisdiction. A defendant or respondent might make a special appearance to say he was never served with the complaint, or that the case belongs in a different court, or something like that. But ONLY for a jurisdictional dispute, never for the merits of the case. If the court rejects the objection and decides that it has jurisdiction, then the defendant/respondent had better make a general appearance for the purpose of disputing the merits of the case, because the case is gonna roll on, with or without his active participation.

A special appearance is used for that one purpose and no other. But calling one's presence in court a "special appearance" doesn't mean that somehow you are and will be invisible and immune to the court.

If you still think that the court shouldn't have jurisdiction, you have the option of an appeal to a higher court.

Oh, and "judicial notice" wouldn't be appropriate unless it was truly a non-brainer, which it probably isn't if the opposition which filed the action was being represented by a lawyer with experience in such cases. Judicial notice means that the court will skip the red tape about evidence and rely on its own knowledge, or fast research, but ONLY for the sort of facts that are indisputable - such as the time of sunrise on a particular day, the zip code for a particular address, the existence of a particular govt agency or its regulations or of a statute or of a published court decision. I cannot imagine the court taking judicial notice that it doesn't have jurisdiction of a case - the point of a special appearance - unless the case was filed by someone who really didn't know what to do.

[weishaupt1776]

Folks, Shoonra nailed it. Re-read the post. That's the truth

[masterduke]

Yeah like attorneys never make any mistakes or don't deliberately misfile or conceal their actions in hopes that they won't get caught. Saw it happen in our case, and they waltzed right by with the aid and help of the judge. Attorneys spew out verbal diarrhea non stop and thats O.K. because, their lawyers?
We all need to learn procedure and correct approaches to these particular attacks. At least Kitchie is attempting to fight 'em on their terms with their weapons and God bless her for going for it. And for sharing her methods correct or incorrect. If these attorney know it all's like Shoonra or JRB don't have any real coaching tips/skills or advice as to "how to do it" then they can shove it! I guess we all have to try and do the best job we can do given the circumstances. Because as I see it those two are about as USELESS as **** on a bull!

[KITCHIE]

Thank you for the well written details of special appearance and judicial notice.

I would love to have all of you weigh in on what I have submitted to the court thus far.

Is there a way, we can take what I have filed so we can all see it and go over it?

I would really like that, and I think everyone might pick up something usefull.


JURISDICTION
1.The court never had jurisdiction because there was never a competant fact witness that came to the court either in person or via affidavit signed by someone who was an officer of the company.

2. The court was never given jurisdiction because there was never any evidence placed into the record to support the claim.

3. The court was given judicial notice because:

NO EVIDENCE AND FRAUD UPON THE COURT
Fraud upon the court i.e. the attorney ("experience in these cases" has over 75 cases this year alone, has not been able to beat my paperwork) is representing a debt collection company Collect America out of Colorado. In his filing he placed Plaintiff as Household Auto Finance (HAF).

I demonstraited in court at the writ of possession hearing that I received a Debt Collection Letter from an attorney in Arizona Brian Levy and two weeks later I received a summons From Gerry Phillips on behalf of HAF.


Kitchie

[Livefire]

Ok,

If the court overrules objection to jursidiction, wouldnt one be able to have the question certified and notice the court of your intention to take leave to file an interlocutory appeal ??