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         Motion Writing 101: Fundamentals and Illustrations.          ©Copyright 2004. Attorney Douglas Palaschak. Lawyerdude® is a trademark and service mark of Attorney Douglas Palaschak

How to write a motion, serve it, file it and argue it - in all 50 states.

This page is: http://www.lawyerdude.netfirms.com/6025.html and http://www.fu.gq.nu/6025.html

Related pages:

            Please be sure to visit “Briefs 101" at http://www.lawyerdude.s5.com/6435memo.html

My Empowerment Link to download over 100 winning motions from 20 winning pro se litigators: http://www.circuitlawyer.8m.com/traffic.html

My most aggressive motions were the ones that I wrote for Steve Bloomer a/k/a steve762@juno.com His aggressive motions are at: http://fu.gq.nu/Steve762.html

Please join my newest Yahoo group for discussion or legal self help litigation. Here is the link to the link: http://www.lawyerdude.8k.com/6346.html

            General Approach to Winning cases: http://www.lawyerdude.netfirms.com/7260.html  

Motion Writing 101: Fundamentals and Illustrations.

The pen is mightier than the mouth! The spoken word carries impact at the hearing, but the written word carries more impact for the judge reading the file - and for the court of appeal - although they may or may not read the transcript. You need BOTH written and oral words. If you want, you need only tell the judge what you want, but you have already written that in your Proposed Order, so tell him that what you want is spelled out in your proposed order.

Table of Contents:

 

Part 1: Planning your motions:

 

Don’t reinvent the wheel: Here are the top 20 Criminal motions:

 

Part 2: Elements: Every Motion should contain the following elements:

 

Optional Elements to a Motion:

 

Serving the papers

Filing the papers at the criminal filing window

 

Common Problems. Turn these lemons into lemonade

 

Examples of Winning Motions

 

Common Attitude problems with clerks when you file Motions

 

Appendix: Related pages.

Self help litigation medley of pages to help you learn and write better

The leading 143 cases that define criminal procedure:

Medley of cases defining your 6th amendment right to effective assistance of counsel - appointed if necessary.

Medley of cases regarding your Faretta right to speak for yourself and the standards for performance of the public defender.

Medley of cases defining your right to a free transcript if you can’t afford to pay:



 

List of the 20 Most Frequently Used Criminal Motions is at:

Part 1: Planning your motions:

If I am writing a motion for you then please tell me when your hearing is. Please remind me every day to write your motion! Ron Fox suffered 90 days in jail because we filed the motion at the last minute and got stuck with a blind judge who acted up. Part of briefing and de-briefing is writing down your next court date and planning when to write the next motions. Remember the O.J. trial? All their motions were on television. Judge Lance Ito did not jam them up for motions; your judges should not jam you up either.

1.         Most motions are oral/ spoken ! (Not “verbal”. “Verbal” means “written or spoken”.) Public defenders and all litigants are fast movers. This works well if you are not concerned about the case. If you want to win then slow down and spend a year on the case and put your stuff in writing!

2.         Ideally the motion is written 2 months before it is heard. You will waive time for your speedy trial. However, if you are writing a motion where you don’t have 2 months or even a week to spare, well then you may need to ask for an order shortening time.

3.         PC 1050 requires 10 days notice - but the judge can waive that requirement and often does.

Don’t reinvent the wheel: Here are the top 20 Criminal motions: http://www.lawyerdude.8k.com/motions.html

            Be sure to click on http://www.lawyerdude.8k.com/motions.html to find a list of the most frequently used criminal motions. The list links to specific motions that you can copy and use for your similar motion.

Part 2: Elements: Every Motion should contain the following elements:

These are listed in order of importance. The judge and clerk will look for you signature and proof of service. They are the most important items. The clerk will look for your proposed venue so that she can calender is in the court’s computer system.

1.         A word about paper. Once again the internet has made us free. Due to the internet, most federal and state courts have eliminated the requirement for “line and numbered” paper. This makes life easier for you. WordPerfect and Word can both make the lines and number for you, but thankfully you don’t need that anymore. The problem arose in converting from WordPerfect to html. The numbers simply printed themselves as a row of meaningless numbers from 1 to 28.

2.         Give your motion a number and a name: This is my rule. No court says this, but it is important. Give the motion a number and a name up front. The numbering system is discussed below. The name of your motion comes from:

            a.         What you want to achieve. Example : “Gimme back my car” motion.

            b.         The name of the case that supports your motion. Example: Miranda motion. See my list of the most frequently used motions:

3.         Proof of service. The clerk looks for a proof of service. So does the judge; and he will deny your hearing unless you have one. You can make one on the spot of you can remember the details of service. It is best to write the proof of service with the motion so that the process server can fill in the forms and sign it as he serves the paper.

See a sample proof of service here: sample5.jpg Most lawyers waste a sheet of paper on the proof of service. Some lawyers have a tidy little rubber stamp. I prefer a paragraph at the end of the brief - but before the list of exhibits.

You can serve all motions by mail, generally. You can also serve em in person. Somehow you must get a paper copy and/or fax and/or email of the motion to the prosecutor and to the filing window at the traffic/ criminal court. You should also send and/or deliver a courtesy copy to the judge. If you observe, I always write the proof of service on the motion. That way the court knows that the motion has been served. It is not necessary to fill out the proof of service on the copy that goes to the prosecutor - but it is good practice - or not. More specifically, you have th proof of service already written except for the last remaining details. Then you file the motion (without a file stamp) on the prosecutor. Now, having served the prosecutor, you can file a copy of the motion with the proof of service filled in - because you have already served the prosecutor. Take along 3 or 4 originals to the filing window - or mail em. You can make an original by affixing your original signature to any copy. The clerk will keep 1 or 2 and give you back 2 or 3 file-stamped copies.

4.         Venue. Time + Date + Place = Venue. See example here: sample4.jpg Notice of the time, date, and place of the future hearing on the motion. Set motions on Tuesdays or Thursdays to avoid waking up Monday too late to get to court. Set motions 4 to 8 weeks down the road. You control the setting of the motion. You may want to call the court to see when they are heard but they are usually heard at 8:30 or 9 every day of the week.

5.         Signatures: The clerk will look for your signature at one or more places. The clerk always looks for this. The court won’t accept a motion without a signature from you or your lawyer. Also, somebody must sign the proof of service. Some clerks fuss about an “original signature”. You can make any signature “original” by signing it again - above, below, whatever. Generally speaking it cannot be you. In the following chart I am NOT saying that you must sign at all of the places listed. Make sure that you and/ or your process server and/ or lawyer sign at one or more of these places:

These signature locations are listed in order of importance. You need not sign at each of the designate places, but do indeed sign at each place where you have printed a signature line. I have written motions where the party signed at only one place plus the proof of service. Don’t leave unsigned signature lines; the clerk will find them and you can sign them at the window. If you have a signature line at each of the top 5 places signed then you won’t have a problem:

            a.         After the proof of service.

            b.         After your “notice of motion”.

            c.          After your declaration if you made a declaration.

            d.         After your lawyer’s declaration if he made a declaration.

            e.         At the end of your “Memorandum of Authorities”.

            f.          After your “demand” .

            g.         After your “argument”.

            h.         At your “Waiver of time”

There are around 100 sample motions linked to my Empowerment page at http://www.circuitlawyer.8m.com/traffic.html

6.         Your complete contact information in the upper left corner. Include your name, address, phone number, cell phone number, email address, web site URL, etc. If you are paranoid, then get a post office box number. Here, look at this page for an example: sample1.jpg You are not obligated to reveal any secrets. If you don’t want to state your telephone number, well that is okay. There are around 100 sample motions all linked to my Empowerment page at http://www.circuitlawyer.8m.com/traffic.html

7.         Proper caption. Name of the court starts at line 8 according to court rules. Be sure to write all the phone numbers, email addresses, web site addresses and addresses for all parties including the court. Use the "columns" function to make the caption. Most people don't. If you are using "Microsoft Word" (inferior to WordPerfect by a mile) they have a preformatted caption. You can use that for most situations. I have encircled the caption on this sample here: caption.jpg

            a.         Special note: Do not waste time making columns in the caption ! You can make fake columns. I use WordPerfect. It can make columns, but when I convert to html, well, those columns disappear because html cannot make columns - and neither can many of you who need to write motions. Here is a trick I will share with you: make fake columns. The right is simply lower than the left. You simply change the margins. Here is a picture: sample4.jpg See? They are not columns. They are sequential paragraphs. One is below the other, but they give the appearance of columns. There are around 100 sample motions all linked to my Empowerment page at http://www.circuitlawyer.8m.com/traffic.html

8.         "Memorandum of Points and Authorities" also known as a brief. Most lawyers file this as a separate document. The “authorities” are the heart of your Motion. I have a separate page explaining how to write a brief. This page is called “Briefs 101: How to Write a Memorandum of Authorities” : http://www.lawyerdude.s5.com/6435memo.html Please go there to learn how to write a brief, but for right now, here are a few things to know:

            a.         You should use cases and statutes and other authority that support your motion. Here is a sample of a “Table of Authorities cited in this Brief” : sample19.jpg

            b.         When you quote from a case, change the margins so that the quotation stands out on the page. Here is an example: sample6.jpg See how the indented quoted text stands out on the page? Most people add 1 inch to the left margin and 1/ 2 inch to the right margin. I prefer to add 1 and 1.

            c.          If you have more than 8 cases and statutes in your brief then you should make a table of authorities. Here is a link to an example of such a table of authorities: sample19.jpg

9.         Proposed Order. The court clerk in Southeast Texas refused a motion because it did not have an order attached. This proposed order let’s everybody know what you want. It makes life easier for the judge. This proposed Order should be on its own page. See my example at the end of the motion at the following link: http://www.lawyerdude.8k.com/6279.html Jackie Blystone’s series of motions is a good one. It is here: http://www.lawyerdude.8k.com/6508.html

10.       Declaration under penalty of perjury. Sample: sample13.jpg This sample is on the web at http://www.circuitlawyer.8m.com/5584.pdf Judges love declarations! They want to know what is happening in this case. They want to know the story - told under penalty of perjury. They don’t want hearsay - but often the lawyer knows fact of his own perception - such as the character of the defendant. Declarations can be written by the lawyer. Better if it is from the litigant sui juris. Explain the reason for this motion. This is your opportunity for your lawyer to tell some facts about the case and make you look good.

11.       Document identification serial number for your own computer filing system. About 10 years ago I began numbering all my documents. Example: sample1.jpg (Look for “Document I.D.” along right side) I keep a log of all the documents. I give each document a number. You can start with #1 or you can start with #1000. I know of no other lawyer who does this. Eventually they will follow me. If you want to have fun then do this. The judge will inquire about that number. It looks foreign to him. Just tell the judge the following:

“Your honor, that serial number is an internally generated serial number designed to coordinate my computerized filing system. It makes the document more easily retrievable on the internet and it makes it easier for you, your honor, to designate this document precisely by simply using this 4 digit number plus the extension that designates the version number. Everybody should do it. I am just a little ahead of the folks in the state bar.”

12.       Your demand. Example: See the top of this page: sample9.jpg Tell the court what you want from them! You want a continuance? Tell em exactly what dates you want it continued to.

13.       Time waiver, if necessary. “I waive my right to a speed trial to the extent necessary to accommodate this motion and as a token of good faith I offer to stipulate to a continuance should the prosecution need one in the future.” Here is a sample: sample9.jpg

14.       A statement of the case. The judge may remember some details from your case -and he may likely remember other details from a similar case. Tell him what the case is about - the big picture. If you tell the story enough times, you will be able to tell it concisely - and you may realize what the remedy is. Samples here: sample11.jpg sample9.jpg

15.       List of exhibits. This list should explain the significance of each exhibit ! This is important! This is the evidence in your case. This is where you must argue your case! In the label ! In the list of exhibits! Also, you can cut and paste each item from the list. Each item on the list can be used as a label for the exhibit. Here is a sample from Buzz’s winning drunk driving defense: sample20.jpg

16.       Statement of Procedural posture. Explain what has happened in the case so far. Don’t expect the judge to remember all his many cases. How many days until trial? What happened just before this motion?  

17.       Footer. Now some courts ask for a footer. See a sample footer here: sample4.jpg I think that they will give some leeway to a pro se litigant. On the other hand, WordPerfect and lesser programs can make footers. I have taped footers on to the page.

18.       Lined and numbered paper is mostly not enforced in state court for pro se litigants. On the other hand, even if you are in jail you can make “pleading paper” There are vertical lines, 2 on the left, 1 on the right. If you are in jail or for some other reason don’t have this special paper, don’t worry, just make it yourself with a pencil and ruler. Also, you can number the lines yourself. When I was in jail I wrote big fat long motions. I passed out the papers in the day room and asked my fellow inmates to make the lines and numbers for me. We all had fun writing in the line numbers. People in jail are very receptive to any talk about writing legal stuff. They love to help because they learn by doing. For an example of pleading paper go here: sample1.jpg There are around 100 sample motions all linked to my Empowerment page at http://www.circuitlawyer.8m.com/traffic.html

19.       Not an element: That vertical row of left parentheses is crazy and outdated. Don’t use it. Microsoft word makes it in their pleading paper. That’s okay. Some love it. I hate it. It comes from the days when typewriters were used and they did not have a vertical line maker. There are around 100 sample motions all linked to my Empowerment page at http://www.circuitlawyer.8m.com/traffic.html


 

 

Optional Elements to a Motion:

Things below this line are optional elements of a motion. Some are necessary when you are filing without adequate notice. Some are my inventions. I recommend them because they improve the motion.


 

 

20.       If necessary, include an application for an order shortening time. This can simply be stated in the caption - but better practice is to do it in a paragraph including a declaration regarding why you need this motion heard on less than 10 days notice. There are around 100 sample motions all linked to my Empowerment page at http://www.circuitlawyer.8m.com/traffic.html

21.       Optional: A Theme. Buzz’s them was: “How many legs does a sheep have if you count the tail as a leg?” Here is his page: caption.jpg There are around 100 sample motions, including the winning motions of Buzz, all linked to my Empowerment page at http://www.circuitlawyer.8m.com/traffic.html

22.       Notice of Concurrent demands: This is what made Steve762's motions so aggressive. Actually nobody does this but rebels. Do it. Here are 2 samples: sample10.jpg

            a.         Jury trial.

            b.         Court reporter. That way, if it goes to appeal and there is not court reporter, you can demand dismissal for denial of due process - cause you asked for a court reporter in writing.

            c.          Prompt transcript of every hearing.

            d.         Transcript of past hearings.

            e.         Permission to use your own tape recorder.

            f.          Permission to bring your computer to court and use it during your trial.

            g.         If you are in jail you will have additional demands such as:

                         i.           Demand for daily 4 hour access to the law library.

                         ii.          Demand for a computer in your cell and access to the internet.

                         iii.         There is case law saying that you are entitled to copying services.

                         iv.         Okay, well at least a typewriter in my cell.

                         v.          Okay, well how about a ball point pen?

                         vi.         Long pencil?

23.       A chart - or not - listing all concurrent motions. Example: sample10.jpg You may not want this judge to know so much. Judges are inclined to set all your motions on one day. Take control; don’t insert this chart. This chart/ calendar of events is useful for your own thinking. You don’t want to be in court twice a week. Schedule your motions 4 to 8 weeks down the line. There is no hurry to do these if you are free on bail. Pacing is critical. Object if the judge tries to schedule all your motions for the morning of trial. The basis for objection is obvious: you can do that much work so quickly. You have a job, kids, etc. But the legal basis is the case of Griffin v Illinois - the transcript case from around 1955. In that case Justice William Douglas said that a person is “entitled to due process at every stage of the criminal process”. The judge who says “well, Missy, that’s why we have a court of appeal” is externalizing the problem. He owes you attention and reasoning every day. Tell him that the Supreme Court says that He owed you due process today. You need adequate time. Tell him that civil litigants routinely set motions 8 weeks down the line. There are around 100 sample motions all linked to my Empowerment page at http://www.circuitlawyer.8m.com/traffic.html            


 

How many copies should you make? Duplicate Originals.

24.       How many copies should you make? Short answer: 5. Federal court terminology is: “duplicate originals” - which is what we usually work with today. Here is the difference: You print 5 copies on the word processor and sign them; they are not copies; they are duplicate originals. If you sign one set and make 4 copies of the signed copies then you have mere copies of the signatures - and that is what makes it a mere copy and not a “duplicate original”. Here is a magic trick: You can convert a copy into an original by signing the signatures again - below the copied signature, above, next to it, whatever.

How many duplicate originals should you make? As few as 3. As many as 6. More if there are multiple opposing parties.

            a.         One for the opposition/ prosecutor.

            b.         One for the court clerk.

            c.          One for a file stamp for your records.

            d.         An extra in case the prosecutor forgets his copy.

            e.         One for your public defender if you have one.

            f.          One for the judge if this is a rush motion (less than 5 days) and the files have not arrived at his court yet.


 

Part 3: Serving, Filing, and Arguing your motion

1.         Make enough duplicate originals and/or before you go to court. A duplicate original has your original signature. A copy has a copy of your signature. You can sign your name again near the copy and thereby convert a copy into a duplicate original. A duplicate original is an original. Here is why you need 6 or more copies - 5 at a minimum.

            a.         You will serve one at the prosecutor’s office.

            b.         You will file one at the criminal filing window.

            c.          You will get one filed stamped for your files.

            d.         You will need one for the judge in case he does not have one when you get there - in which case you should ask for a continuance so that he can read it.

            e.         You will need on for the prosecutor in case he does not have a copy - in which case you will ask for a continuance so that he is prepared.

            f.          You will need one for your public defender if you have one.

            g.         You will need an extra copy for the press.

Serving the papers

2.         Technically you may not serve the papers yourself. You should have your friend serve them - but that ruins friends. I have never heard of a problem from serving them yourself. I am not recommending the following - but I know of one litigant who made up on imaginary friend to sign the proof of service. Service is important. So is proof of service. You may want to check the rules of civil and/ or criminal procedure in your state or federal court. However, the courts are empire builders. They could all have the same rules but they don’t care about your. The constitution says that you have the same rights state-to-state.

 “Article IV Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.”

3.         Good form is to set the motion a month down the line and serve the papers by mail. If you are in jail then you must serve the papers by mail. You don’t need to send a proof of service to the prosecutor - and it can get you in trouble because he would complain if you signed the proof of service.

4.         You can also deliver the papers in person. Ask the clerk at the prosecutor’s reception area to date-stamp your 5 copies. That alone is proof of service.

5.         Having served the papers, you can now complete and sign the proof of service.

Filing the papers at the criminal filing window

6.         Next, file the papers at the criminal filing window. If you are in jail then you must do this by mail - or have a “runner” pick them up and file them. Include a self-addressed, stamped envelope so that they can send a file-stamped copy back to you. If you are in jail you have a right to have the guards promptly make xerox copies of your motion! See my page about your rights as an in inmate litigant in the links section at the top of this page. In federal court you file an extra copy for the judge.

Arguing your motion

7.         When the judge calls your case ask him point blank if he received your motion # ____ and if he read it. Nobody ever does the following: You must state the documentation identification number on the oral record! This ties your written motion in with the transcript!

8.         If the prosecutor has not responded to your written motion, then demand a default ruling in your favor.

9.         Don’t worry; you don’t have to argue your motion! Your papers speak for you. Read Charlie’s transcript to hear how he told that to the judge when the judge wanted to hear Charlie’s oral argument: http://ronfox.250free.com/6709.htm . Search for the word “speaks” to find where Charlie answers the nosy judge. The judge may have some questions - especially if he wants to prove that your papers are ghost written. Tell him that ghost writing is permitted. Here is my page about ghost writing. Tell the judge to go look there: http://www.lawyerdude.s5.com/6525.html The case is Ricotta v. State of California, 4 F.Supp. 2nd 961, 986 (S.D. Cal. 1998) When the rich guy goes to court, he does not write his own papers and neither did you. However, you ratified them and you like what they say.

10.       You must mention your motion by number. I am talking about the document identification number.

11.       Read my page about arguing here: How to speak up in court. www.circuitlawyer.8m.com/5537.html

12.       Once Judge Hunter, a rotten son-of-a-bitch, received my motion at the last minute. He lied and said that he read it. It was a 50 page motion. There is no way that he could have read it at the last minute.

13.       If the judge has not received your papers in time to read them, then ask for a continuance. Or maybe you want to upgrade your motion; ask for a continuance to upgrade your motion.

14.       Don’t read your motion into the record. If somebody ghost wrote your motion and you don’t know much about it, do like Charlie did: Learn to be charming and Simply say “My written motion says exactly what I have to say. Have you read my motion judge? Do you have any questions about what is written there?” The law does not require oral argument! If you tell the judge what is in the motion then you let him off the hook; he may not have read the motion. Ask him. Make the record clear in that regard. On the other hand, if you know what you want, then tell him. Speak from the heart; don’t read your motion to him. Nobody likes a person who reads in court. You motion is already on the record if it is filed. You waste time reading it - unless you want to emphasize a good point. You may want to read only the most important sentence in the motion. Or you may want to simply inquire of the judge regarding his having read the motion. Judge Hunter, that rotten Mormon bastard, would tell me that he read my motion. It was a lie. I would have a 20 page motion handed to the clerk at the beginning of the court session. He should have simply set the matter to another week or month but he would answer me that he read the motion. Also, he gave himself away when he actually had to read something: He had to hold the paper 2 inches from his glasses and skim the paper from left to right like a typewriter. Reading was not easy for him and I suspect that he simply did not read the motions. Somebody like Hunter would try to fake it in court by getting you to talk about your paper. Don’t fall for it.

Common Problems. Turn these lemons into lemonade

15.       Remember the end game. Every time the system violates your rights they are giving you a ticket to the end game. You can convert some of those violations into a motion to dismiss.

16.       The most common problem is that the public defender ignores your motion. Remedy: Tug on her sleeve and tell her to tell the judge that you want to take a 5 minute break to file a Marsden motion to fire her.

17.       The 2nd most common problem is that the clerk will not file your motion because:

            a.         The public defender is speaking for you and you can’t. She is wrong about that. Call me and I will need to amplify this part.

            b.         They never heard of such a motion.

            c.          The folder is in court now - so go file it there

18.       The remedy in many places is to talk to the chief person in the clerk’s office. There is a thing called “demand file”. It is like saying “Simon says”. They are supposed to give you a rejection letter. You need that paper in the file in a timely manner. You will be flustered but you must debrief when this happens so that you can apply for a writ to make them file it.

19.       The 3rd most common problem is that they cannot find your file - and therefore they don’t put your motion in the file. When you show up on the day of the hearing, the judge does not have your motion in the file. Remedy. Ask for a continuance to give the court time to file the motion in the folder.

20.       The 4th most common problem is that you shoot yourself in the foot by waiting until the day of the hearing to file the motion. You serve it and file it immediately before court and arrive breathless in court. Well don’t be surprised if nobody there has your motion. They can’t file it in the folder because the motion is at the filing window and the folder is in the judge’s hand, fool! If you have filed stamped copies then you can pass them out to the judge and prosecutor. The prosecutor may demand a continuance. Good. That is what you want. In fact, you will demand a continuance so that everybody can read your motion.

Examples of Winning Motions

There are lots of examples of motions on my website. Here are some links to motions that won in court:

1.         Here is the one that gives me the most satisfaction. From the café in Santa Barbara, Forrest and I dispatched a messenger in Seattle to file it in Seattle court on a Monday. The judge advanced the motion and dismissed the case on Friday, only 96 hours after filing. Here is that motion:

http://www.fu.gq.nu/6751supp.html Incidentally, Forrest paid $2500 to a drunk driving specialist who wanted Forrest to plead guilty. Otherwise this guy would have wanted another $5000 to do the trial. This guy did not know how to win; and he advertised as a specialist! The vast majority of lawyers simply do not know how to win a criminal case!

2.         Here is another very satisfying win: www.lawyerdude.netfirms.com/5681.html This is Buzz's winning demurrer on his drunk driving case: Once you get the html version which is : www.lawyerdude.netfirms.com/5681.html then click to the more accurately formatted version at: www.lawyerdude.netfirms.com/5681.pdf

3.         There are over 100 winning motions linked to this page: http://www.circuitlawyer.8m.com/traffic.html

4.         http://www.circuitlawyer.8m.com/5571.html This is Steve762's motion. I faxed this to the prosecutor in the middle of the night. The judge looked at it first thing in the morning in chambers with Steve762 who did not even have a copy of the motion. The judge dismissed the case.

Common Attitude problems with clerks when you file Motions

1.         You can expect trouble filing your first motion. The clerk tell you something like “I have never seen anything like that” or “We don’t do those here”. Be not dismayed. Here is what happened to Pearlis:

From: pearlis@702com.net Date: Thu Oct 23, 2003 2:06 pm

Pearlis from North Dakota asks: I took my Motion to Dismiss to the Clerk of Municipal Court and she said they do not do hearings on motions. I then went to the City Attorney, the prosecutor, left my Motion to Dismiss with him and made sure that he had my Motion to Compel Bill of Particulars. These are dead in this court. How do I get a hearing on motions when in the Kangaroo Court? - Pearlis

Lawyerdude answers: Let them know that every violation will be dealt with. Every violation is a reason to dismiss the case. They are helping you by displaying the faults of their court. First, review my page on how to file a motion: http://www.lawyerdude.netfirms.com/6025.html

Did you have a date, time and place written on the motion? Tell the clerks to just file the paper. Tell em that you will take federal legal action against anybody who obstructs your access to the court. Take a witness if you can. Then take names of everybody who steps in your way. Demand to at least LODGE the motion! Then file a federal complaint against the people who stood in your way. Find out where the next highest court is. File a petition for writ of mandate there. File a 1983 complaint right there in the local police court! This is all easier said then done so post a question if you have one.

2.         Public defenders don’t like it when you make work for them. They write bad motions - but mostly they don’t write any motions - but they will criticize yours. Public defenders are instruments of oppression!


 

 


 

Appendix: Related pages.

1.         Self help litigation medley of pages to help you learn and write better

            a.         Page of 40 motions. This page is listed on the Steve762 page: http://www.circuitlawyer.8m.com/5695.html

            b.         Motions 101: How to write a motion: http://www.lawyerdude.netfirms.com/6025.html

            c.          Briefs 101: How to write a memorandum of law: http://www.lawyerdude.s5.com/6435memo.html

            d.         How to speak up in court. www.circuitlawyer.8m.com/5537.html

            e.         Your rights as an imprisoned pro se litigant: www.circuitlawyer.8m.com/5687.html

            f.          The top ten criminal motions in California and the Universe. www.lawyerdude.8k.com/motions.html

            g.         Lawyerdude's demurrer page: http://www.lawyerdude.8k.com/5736.html

            h.         Lawyerdudes new standard for public defenders: http://www.circuitlawyer.8m.com/5635.html

            i.           Lawyerdude’s recommended additions to the bill of rights: http://www.lawyerdude.8m.com/5677.html

            j.           The leading 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html

            k.          How to work well with lawyerdude: http://www.lawyerdude.8k.com/contract.html

            l.           Here is a format to store all the data for your case: http://www.lawyerdude.8k.com/summary.html

            m.        Go on the offense: Actual section 1983 complaints. Sue em! http://www.lawyerdude.netfirms.com/6008.html

            n.         Were you strip searched? Sue em! http://www.circuitlawyer.8m.com/5728.html Do they do a strip search anus check every time you go to the law library?

            o.         Our class projects: http://www.lawyerdude.8k.com/projects.html

            p.         Lawyerdude's former main traffic page: http://www.lawyerdude.8m.com/5259.html

2.         Medley of cases defining your 6th amendment right to effective assistance of counsel - appointed if necessary.

Lilburne enjoyed the benefit of appointed counsel in 1648 and got money for his damages.

www.lawyerdude.netfirms.com/lilburne.html

The Scottsboro Boys (1932): www.lawyerdude.netfirms.com/scottsbo.html

More of that story here: http://www.law.umkc.edu/faculty/projects/FTrials/scottsboro/scottsb.htm

Griffin v Illinois (1956) : http://www.circuitlawyer.8m.com/griffin.html

Gideon v Wainwright (1963) http://www.circuitlawyer.8m.com/gideon.html

Argersinger (1972) www.lawyerdude.netfirms.com/argersin.html

Alabama v Shelton (2002) www.lawyerdude.netfirms.com/shelton/html by putting Pearl in jail one hour they violated established law:

This Shelton case at Findlaw is: http://laws.findlaw.com/us/000/00-1214.html

  

Pearl's Motion in North Dakota court: http://www.lawyerdude.netfirms.com/6147.htm l

3.       Medley of cases regarding your Faretta right to speak for yourself and the standards for performance of the public defender.

Faretta http://www.lawyerdude.netfirms.com/faretta.html

Here is what to demand from public defenders: http://www.circuitlawyer.8m.com/5635.html

4.       Medley of cases defining your right to a free transcript if you can’t afford to pay:

Griffin et. al. v Illinois (1956) 100 L Ed 891, 351 US 12, 79 S Ct 585, 55 ALR2d 1055. You have a right to a lawyer and transcript free for your first appeal. http://www.circuitlawyer.8m.com/griffin.html

M. L. B. v. S. L. J., individually and as next friend of the minor children, S. L. (1996) 519 US 102; 117 S Ct 555; 136 L Ed2d 473 http://www.circuitlawyer.8m.com/mlb.html You have a right to free transcript in important civil case.

5.         Medley of Free Speech cases:

            a.         Lawyerdude's free speech page: www.lawyerdude.netfirms.com/5956.htm

            b.         Clear and Present Danger Test explained: http://www.lawyerdude.8k.com/5802.html

            c.          I talked about this 1941 Bridges case in my 1999 winning argument to the jury in my free speech case. Bridges case about the clear and present danger test is at this link www.lawyerdude.netfirms.com/bridges.html

            d.         That winning argument is here: http://www.lawyerdude.netfirms.com/5918.html Look on page 9 for the Bridges case.

            e.         "Fuck the draft" case: http://www.lawyerdude.8m.com/fuckthedraft.html

            f.          Bridges is on Findlaw is: http://laws.findlaw.com/us/314/252.html

            g.         My "tell em how to make the bomb page: http://www.lawyerdude.8k.com/5833.html

            h.         Pentagon papers case: http://www.lawyerdude.8k.com/5801.html

            i.           This clear and present danger test was used in brief #3789: www.lawyerdude.8m.com/3789.html

            j.           Overbreadth case: Shuttlesworth. My overbreadth page: http://www.lawyerdude.8m.com/5409.html

            k.          List of overbreadth cases pertaining to lawyers and other humans. http://www.lawyerdude.8m.com/5428.html

            l.           Fred Shuttleworth's most famous Supreme Ct. case (he had 4): http://www.lawyerdude.8m.com/5089.html

            m.        Link's to Fred's other 3 cases:

                         i.           http://www.lawyerdude.8m.com/5091.html (1969)

                         ii.          http://www.lawyerdude.8m.com/5090.html (1963)

                         iii.         http://www.lawyerdude.8m.com/5092.html (1958)

            n.         Related un-named concept in Yick Wo case: http://www.lawyerdude.netfirms.com/yickwo.html

            o.         Unlawful Prior Restraint explained: http://www.lawyerdude.8k.com/5799.html

            p.         The clear and present danger test is on the top ten list of liberating constitutional concepts: www.lawyerdude.8k.com/5798.html

            q.         Near v Minnesota page: www.lawyerdude.8k.com/near.html

            r.          Here is an explanation of prior restraint: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/priorrestraints.htm Top ten liberating constitutional concepts: www.lawyerdude.8k.com/5798.html

            s.          Top 100 liberating decisions of the supreme court. http://www.lawyerdude.8m.com/5095.html

            t.          Brief 3789 explaining the speech rights of lawyers. Www.lawyerdude.8m.com/3789.html

            u.         Table of authorities for brief 3789: http://www.lawyerdude.8m.com/3789authorities.html

            v.          History of bar oppression against me: http://www.lawyerdude.8m.com/3789history.html

 

6.         Medley of cases regarding the Amish, Jehovah’s witnesses and other honest folks fighting for freedom.

Amish don't have to pay social security tax. See this link. http://www.amishnews.com/amisharticles/amishss.htm

Amish don't have to send their kids to high school. God Bless the Amish! See Wisconsin v Yoder at this following link: http://www.lawyerdude.netfirms.com/amish.html

Here is my link to special rights won by Amish, Jehovah’s Witnesses, and other good honest folks:

             http://www.lawyerdude.8k.com/5731.html

My other Jehovah’s Witness page: http://www.circuitlawyer.8m.com/5716.html


 

Crass Promotional Links:

Crass Promotional Links: Upgraded Friday, April 21, 2006

Telephone Lawyerdude: 541 476 8954. Email: Dlawyerdude@Gmail.com Lawyerdude1989@yahoo.com

This subdocument is http://www.lawyerdude.netfirms.com/5734.html Click it to get the latest version.

Please join my newest Yahoo group for discussion or legal self help litigation. Here is the link to the link: http://www.lawyerdude.8k.com/6346.html

Do you have questions? Join our Discussion group: http://groups.yahoo.com/group/the_lawyerdude

Instant message me: I am lawyerdude1989 on Yahoo instant messenger.

My phone number and email address may change from time to time. If the telephone number or email address on this page is outdated then please join my group http://www.groups.yahoo.com/group/the_lawyerdude or migrate to more recent pages. There is a 4 digit number up in the top left corner of the page. Not the counter number. There is often a date at the bottom of the page. Migrate to newer pages to see my newer telephone number and email address.

My most useful web pages and my most popular web pages are these following pages:

 

Links for your Empowerment! Self help Litigation forms, instructions, cases, and samples.

7.         What has been newly posted by Lawyerdude: www.circuitlawyer.8m.com/5673.html

8.         How to Win. Overview. Getting started: http://www.lawyerdude.netfirms.com/7260.html

9.         Over 100 actual winning motions from 22 winning pro se litigators ! http://www.circuitlawyer.8m.com/traffic.html

10.       Motions 101. How to write and file and serve a motion: http://www.fu.gq.nu/6025.html

11.       Briefs 101. How to write a Memorandum of Law: http://www.lawyerdude.s5.com/6435memo.html

12.       Lawyerdude’s Empowerment page: http://www.lawyerdude.8k.com/medley.html

13.       What performance you should expect from your criminal defense counsel: http://www.circuitlawyer.8m.com/5635.html

14.       Your litigation rights page. Learn your litigation rights! http://www.circuitlawyer.8m.com/5687.html

15.       Charlie’s Transcripts. Learn how to charm the judge and win your case: http://ronfox.250free.com/charlie.html

16.       Learn the law ! Links to the 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html

17.       Eighteen actual Section 1983 federal complaints: http://www.lawyerdude.netfirms.com/6008.html

18.       List of the 30 most important criminal court motions. They are listed in Lawyerdude’s Bill of Rights for Criminal Defendants in jail. This is my New Standard by which to measure effectiveness of counsel. Make your appointed lawyer toe the line:    http://www.circuitlawyer.8m.com/5635.html

19.       Courtroom assertiveness 101: How to be assertive in court. Scripts for the Pro Se litigant:

                                                                 http://www.circuitlawyer.8m.com/5537.html

20.       Were you strip searched? Sue em! http://www.circuitlawyer.8m.com/5728.html Do they do a strip search anus check every time you go to the law library? Did your jail not have a law library?

21.       List of the most quotable cases and the most useful web pages for the pro se Litigator: http://www.lawyerdude.8k.com/medley.html

22.       Your case summary and trial notebook form: http://www.lawyerdude.8k.com/summary.html

23.       My Demurrer page: perfect record so far: http://lawyerdude.8k.com/5736.html

All about Lawyerdude

24.       List of my 200 most popular web pages according to Google. http://www.lawyerdude.8k.com/5733.html

25.       My winning argument regarding the 1st amendment where I argued the Law to the jury without interruption: http://www.lawyerdude.netfirms.com/5918.html

26.       Raid at the Good Nite Inn based on mistake of law by District Attorney: http://www.lawyerdude.netfirms.com/brosnan.html

27.       My ongoing battle with the mistaken, oppressive, and political state bar: http://www.lawyerdude.8k.com

28.       Lawyerdudes’s biographical page: http://www.lawyerdude.8m.com/mystory.html

29.       My LSD story and brief: http://www.lawyerdude.8m.com/5431.html

30.       How to work well with Lawyerdude: http://www.lawyerdude.8k.com/contract.html

31.       My most important page. My top 10 lists: http://www.lawyerdude.8m.com/5459.html

32.       My ideas. My 10 proposed amendments to the bill of rights: http://www.lawyerdude.8m.com/5123.html

33.       My home page: http://www.lawyerdude.8m.com Or my mirror site: http://www.lawyerdude.netfirms.com

My biggest fattest briefs:

34.       My “state bar acts are unconstitutional!” brief: http://www.lawyerdude.8k.com/3789.html

35.       My 100 page LSD brief: http://www.circuitlawyer.8m.com/1170.html Use this for your drug case!

36.       My collection of “right to drive” briefs: http://www.lawyerdude.8k.com/right2drive.html

37.       Lawyerdude's briefs: http://www.circuitlawyer.8m.com

More Lawyerdude links and Recommended Reading list

38.       Lawyerdude’s traffic page: http://www.lawyerdude.8m.com/5259.html

39.       Lawyerdude's library. A prioritized reading list. A list of books that farm folk and an enlightened populace should read. Some of these books justify weekly or monthly review - like your Bible - for your own defense. http://www.lawyerdude.netfirms.com/library.html

40.       List of links to the Latest uploads from Lawyerdude: http://www.circuitlawyer.8m.com/5673.html

41.       Lawyerdude's Contemporary Constitutional Issues: http://www.circuitlawyer.8m.com/5693.html

42.       Lawyerdude's links page: http://www.lawyerdude.8m.com/links.html

43.       Lawyer’s Manifesto: http://www.lawyerdude.8k.com/5753.html