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  #11  
Old 12-23-2006, 01:42 AM
Sandman Sandman is offline
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Quote:
Originally Posted by Codee
Good job!!!!

Yeah...its a start...not really the way I wanted it to go, but I'll take it....best part was getting the "commissioner" to speak on the motion even after he dismissed the case....it was like he just had to say something....thanks again.
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  #12  
Old 12-23-2006, 01:44 AM
Sandman Sandman is offline
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Quote:
Originally Posted by David Merrill
Please sanitize and attach the motion.

OK...here it is....its Codee's motion....

SUPERIOR COURTclean.doc
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  #13  
Old 12-23-2006, 07:21 AM
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David Merrill David Merrill is offline
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Location: Colorado.
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Quote:
Originally Posted by Sandman
OK...here it is....its Codee's motion....

Attachment 2828

Thanks!!!!


While reading it, I fixed it up a bit in form.
Attached Files
File Type: doc Motion to Dismiss SMJ.doc (29.0 KB, 63 views)

Last edited by David Merrill : 12-23-2006 at 07:30 AM.
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  #14  
Old 12-23-2006, 07:53 AM
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charlesa6 charlesa6 is offline
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Quote:
Originally Posted by Sandman
OK...here it is....its Codee's motion....

Attachment 2828
Thanks for displaying it for members to see it.
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Resolution pending
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  #15  
Old 12-23-2006, 08:50 AM
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mrg mrg is offline
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Quote:
Originally Posted by Sandman
OK...here it is....its Codee's motion....

Attachment 2828

Thanks.

Thats a good doc!
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  #16  
Old 12-23-2006, 12:05 PM
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Codee Codee is offline
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Location: Freedom. some call Cal.
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The Correct Form

Here is a more correct layout. I was not in to HTML coding it the first time so I went back now and fixed it. This has all the justifications and such right. This is my favorite form.
__________________________________________________ _


SUPERIOR COURT
IN ______ COUNTY
AT ________ CITY CALIFORNIA
Zip
By: Xxxxxx Xxxxxxx Xxxxxxx (not represented)

In the Case of

PEOPLE OF THE STATE OF CALIFORNIA

V
CASE DOCKET# __________
XXXXXX X. XXXXXXX

Appearing specially
Motion to Dismiss due to lack of Jurisdiction


NOTICE
1) The court upon receipt of this document, will be deemed noticed of Xxxxxx Xxxxxx’s motion to dismiss due to lack of jurisdiction.

ARGUMENT / POINTS AND AUTHORITY
__________________
Educational and entertainment only. Nothing posted intended as legal advice. Nothing is legal advice. All responses are general in nature even if responding to a specific question. Nothing in my posts pertains to ANYONE else but me.
Hire an Attorney.
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  #17  
Old 12-24-2006, 01:43 PM
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2501 2501 is offline
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Posts: 238
jt

Q#1: Is there anything signed by an attorney? A summons is issued by one who has authority to issue it. And if there is not a court case (refer back to Q#1) then how can there be a summons?

points of study (so you don't have to take my word for it) * look at the charter and see who has authority to commence an action
* look up the elements of what constitutes a summons and what is a summons function or what it is supposed to do
* look up what "copies" of the traffic ticket look like in the administration code.
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"IMPOSSIBILIUM NULLA OBLIGATIO EST"
Dubuque rei potissinia pars prineipium est
Ad recte docendum oportet, primum inquirere nomina, quia rerum cognitio a nominibusrerum dependet. Co. Litt. 68.
Qui sentit commodum, sentire debet et onus. Bouvier's Maxims of Law (1856)
Extra territorium just dicenti non paretur impune. 10 Co. 77; Dig. 2. 1. 20; Story, Confl. Laws section 539; Broom, Max. 100, 101. Cujusque rei potissima pars principium est
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  #18  
Old 12-24-2006, 04:56 PM
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David Merrill David Merrill is offline
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Quote:
Originally Posted by 2501
Q#1: Is there anything signed by an attorney? A summons is issued by one who has authority to issue it. And if there is not a court case (refer back to Q#1) then how can there be a summons?

points of study (so you don't have to take my word for it) * look at the charter and see who has authority to commence an action
* look up the elements of what constitutes a summons and what is a summons function or what it is supposed to do
* look up what "copies" of the traffic ticket look like in the administration code.


Dear 2501;

It is all pretty much voluntary contract law. If you fail to validate your Government bond (FDR 1933) against yourself, then they will try all sorts of little tricks to get you to incriminate yourself.

Once when they could not proceed with me they simply gave me a bond agreement and since I did not show for the meeting, I lost the $750. That is all I agreed to, and that was in my true name ergo, no bond/birth certificate.

Without judicial process anything goes if the "defendant" is conditioned enough to become one. I know of one fellow who put in the Notice of Interlocutory Appeal attached. The "judge" asked the prosecutor if they would be having a trial? The prosecutor seemed to be asking the "judge" the same question. The "judge" said something about maybe there would be a blizzard and that would be a snow day... six weeks in the future....

They just Hee'd and Haw'd around waiting for the "defendant" to decide whether or not he would be coming to the trial - they were asking him if he wanted a trial.

I suppose that is why so many people question the power of Refusal for Cause in contract law. They are conditioned to think the courts are prescribed to follow law.


Regards,

David Merrill.


P.S. Once the officer has validated your Government bond here in Colorado, he issues a Uniform Summons and Complaint and Penalty Assessment. So that pretty much covers the trial beginning to end unless you argue at an arraignment that you are not guilty. Like William Thornton preaches; the trial is held at the incident (on the roadside). The only purpose of the "trial" in court is to reconstruct the trial for review of facts before peers (a jury or impartial judge). Too bad so many people agree to a courtroom trial on the side of the road by posting themselves Government bond.
Attached Images
File Type: pdf Bob_Shulz_revealing_appeal.pdf (47.7 KB, 20 views)
Attached Files
File Type: doc Notice of Interlocutory Appeal sanitized.doc (36.0 KB, 20 views)

Last edited by David Merrill : 12-24-2006 at 05:12 PM.
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  #19  
Old 12-24-2006, 10:00 PM
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2501 2501 is offline
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Posts: 238
as always please correct me if I am wrong or could state it better

David Merrill,
I agree its voluntary contract law. I know a guy who recently asked a 'judge' to order him to get a license and he wouldn't but he would remove his 700$ fine if he went and got one. He was charged with no dl; no insurance; and no registration/ plates. The thing went on using circumstantial evidence only despite an affidavit of the arresting officer in favor of the "defendant".

Perhaps I misunderstood the original posters position and therefore posted info not relevant.
I am aware the funding mechanism government uses imposes a disability.

I agree it is sad that folks insist on having trial on the side of the road.

Also David Merrill, you bring up a point that I feel can not be stated enough: if you have identified yourself as in the system then you are limited in what you can do.

I agree it is better to strike at the root of the issue instead of the various branches.
__________________
"IMPOSSIBILIUM NULLA OBLIGATIO EST"
Dubuque rei potissinia pars prineipium est
Ad recte docendum oportet, primum inquirere nomina, quia rerum cognitio a nominibusrerum dependet. Co. Litt. 68.
Qui sentit commodum, sentire debet et onus. Bouvier's Maxims of Law (1856)
Extra territorium just dicenti non paretur impune. 10 Co. 77; Dig. 2. 1. 20; Story, Confl. Laws section 539; Broom, Max. 100, 101. Cujusque rei potissima pars principium est

Last edited by 2501 : 12-25-2006 at 07:34 AM.
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  #20  
Old 12-25-2006, 02:01 PM
David Merrill's Avatar
David Merrill David Merrill is offline
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Location: Colorado.
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Quote:
Originally Posted by 2501
David Merrill,
I agree its voluntary contract law. I know a guy who recently asked a 'judge' to order him to get a license and he wouldn't but he would remove his 700$ fine if he went and got one. He was charged with no dl; no insurance; and no registration/ plates. The thing went on using circumstantial evidence only despite an affidavit of the arresting officer in favor of the "defendant".

Perhaps I misunderstood the original posters position and therefore posted info not relevant.
I am aware the funding mechanism government uses imposes a disability.

I agree it is sad that folks insist on having trial on the side of the road.

Also David Merrill, you bring up a point that I feel can not be stated enough: if you have identified yourself as in the system then you are limited in what you can do.

I agree it is better to strike at the root of the issue instead of the various branches.


I believe my comment was as much in agreement with you. It behooves the defendant in the matter to examine where the commitment was made.


Regards,

David Merrill.
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