5. Court 4

--- CONTENTS---
BEFORE COURT APPEARANCE
AT HEARING
LIMITED JURISDICTION
DO NOT PLEA
SUBMIT MOTIONS etc
DEMAND HEARINGS
DEMAND BILL OF PARTICULARS
DEMAND VERIFIED COMPLAINT
DEMAND COPIES OF OATHS
OBJECTIONS
OBJECT TO TRIAL DATE
OBJECT TO NO ANSWERS
CONTEMPT
ASK QUESTIONS
DEMAND ASSISTANCE OF COUNSEL
DEMAND A CONTINUANCE
DEMAND TO SELECT A JURY
MAKE OPENING STATEMENT
PROSECUTE OFFICIALS
CONTEMPT
COURT RULES
CLOSING STATEMENT [Example]
GET COURT RECORDS
CROSS EXAMINE WITNESSES

NOTE: ILCS refers to Illinois statutes, used here as examples. Rules refer to Illinois court rules, also used as examples, typical of all the states. Federal law quotes apply to all the states.

BEFORE COURT APPEARANCE
- Send Motions, Affidavit and Notices to the judge, prosecutor and the cops who arrested you.
- For a Brief about Notice of Dismissal for Lack of Jurisdiction, see: www.familyguardian.tzo.com
- Ask the clerk before the appearance to remind the judge to read your brief.
- See www.objection.com for free download and practice making objections. Failure to object timely is fatal. Appeals are only based on objections.
- Fast [Esther 4:13-16] and pray for God to lead the judge to the right decision through dreams. If you love your opponent, you can appear in court boldly [1 John 4:17].

AT HEARING
- [I'm not confident in this statement:] Since trick questions by the court may [wrongly] be presumed to establish the court's jurisdiction, avoid answering such questions.
- Examples of such questions are the following:
* Is this the motion you filed?
* Do you want a jury trial?
* Do you understand these charges?
- Answering yes or no allows the presumption of jurisdiction.
- [The following seems to have good support:] Instead say: My legal counsel said Before answering any questions, I must demand that the Motion to dismiss be addressed by the court first, according to requirements of law, as per the following case law and statutes etc.
[1] Quote: For execution of process to confer jurisdiction of the person it must have been issued from a court having jurisdiction of the subject matter. Unquote. ----- Duncan v. Archie Brothers, et al. 344 SW 2d 398.
[2] Quote: Since jurisdiction is fundamental to any valid judicial proceeding, the first question that must be determined by a trial court in any case is that of jurisdiction. Unquote. ----- Dillon v. Dillon, 187 P. 27
[3] Quote: There is no discretion to ignore lack of jurisdiction. Unquote. ----- Joyce v. U.S. 474 F 2d 215.
[4] Quote: Since jurisdiction is fundamental, and it is jurisdiction alone that gives a court power to hear, determine, and pronounce judgment on the issues before it, jurisdiction must be continuing in the court throughout the proceedings. ----- Unquote. Re. Cavitt, 254 P. 599.
[5] Quote: Challenge to court's jurisdiction is raised by motion to dismiss. ----- Criterion Ins. Co. v. State, 458 So. 2d. 22 [Fla 1st DCA 1984].
[6] Quote: (Example: 725 ILCS 5/114-1) PRE-TRIAL MOTIONS    Motion to dismiss charge. [a] Upon written motion of defendant prior to trial before or after plea court may dismiss [if] The court does not have jurisdiction. ... [or] The charge does not state an offense.
[And there is no proper charge]
[b] The court shall require motion to dismiss be filed after defendant [is] arraigned.
[c] If the motion alleges facts not of record State shall file answer admitting, or denying each allegation
[d] When an issue of fact is presented by a motion to dismiss court shall conduct a hearing.
[7] Quote: The BURDEN shifts to the court to prove jurisdiction. Unquote. ----- Rosemond v. Lambert, 469 F 2d 416.
[8] Quote: Court must prove on the record all jurisdiction facts related to the jurisdiction asserted. Unquote. ----- Lantana v. Hopper, 102 F. 2d 188;
Chicago v. New York 37 F. Supp. 150.
[9] Quote: *Federal Practice and Procedure, Sect. 3522: The parties cannot confer on a court jurisdiction that has not been vested in that court by the Constitution and Congress. Unquote.
[10] Quote: Judges have responsibility to insure that any person forced into court is there for proper reasons. Unquote. *42 Federal Supplement 994, 998.
[11] Quote: Where a court fails to observe safeguards, it amounts to denial of due process of law, court is deprived of jurisdiction. Unquote. -----
Merritt v. Hunter, 170 F. 2d 739.
[12] Quote: Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather should dismiss the action. Unquote. ----- Melo v. U.S., 505 F. 2d 1026.
[13] U.S. Constitution, Art. 3, Sect. 1 & 2 says the U.S. Supreme Court has original jurisdiction in cases in which a state is a party [such as if your case says State of NH versus John Doe; therefore the state or local court must allow the U.S. Supreme Court to take your case, which it won't do].

LIMITED JURISDICTION
* [Note: The legislature may define the "justiciable matter" in such a way as to preclude or limit the authority of the circuit court.]
- Quote. When a court's power to act is controlled by statute, the court is governed by the rules of limited jurisdiction, and courts exercising jurisdiction over such matters must proceed within the strictures of the statute. Unquote. ----- In re M.M., 156 Ill. 2d 53, 619 N.E. 2d 702 [1993].
- Quote. Special statutory jurisdiction is limited to the language of the act conferring it, and the court has no powers from any other source .... The authority of the court to make any order must be found in the statute. Unquote. ----- Midland Coal Co. v. Know County, 268 Ill. App. 3d 485, 644 N.E. 2d 796 4 Dist. [1994].

DO NOT PLEA
- My legal counsel said: If I made a plea, then withdraw it. I have not made a plea, but the court seems to have made a plea for me, unlawfully. I withdraw the plea and I demand or Motion to dismiss this case on the following grounds: The court does not have jurisdiction and there is no proper charge or the charge does not state an offense.
- My Motions show all 3 of these grounds: Lack of Jurisdiction; Improper Place of Trial [may not apply]; and There's no proper charge, so the "charge" does not state anything, including an offense.
- My legal counsel said: I cannot plea until errors of procedure and of improper arraignment are corrected.
- And the challenge of jurisdiction must be answered. The defendant is not mute or evasive with regard to plea, but the judge and plaintiff are evasive with regard to proving Subject Matter Jurisdiction.

SUBMIT MOTIONS etc
- I now submit a Notice of OBSTRUCTION of Justice in the Instant Case.
[FF Suggestion] Instead of Motions, make Demands. Motions are general appearances and are sometimes presumed to grant jurisdiction.
- I Motion to dismiss for failure to state a claim [under civil rules] or failure to make charges [under criminal rules].

- As per Illinois Supreme Court Rules: ARTICLE II. Rule 218. Pretrial Procedure. a) Initial Case Management Conference. The court shall hold case management conference within 35 days after the parties are at issue, I do not waive any of my rights, including the right to a pre-trial conference or hearing, which I request to be held at this time for a period of one hour.
- And, as per (625 ILCS 5/2-118) Hearings [d] All hearings and hearing procedures shall comply with requirements of the Constitution, I demand a Hearing or pre-trial conference to answer the averments of my Motions.
- And as per (725 ILCS 5/103-6) Waiver of Jury Trial. Every defendant has the right to trial by jury unless [ii] s/he fails to demand it. Therefore, if the court ignores proper judicial procedure by not properly answering the averments of my Motions to Dismiss, then I would demand a trial by jury.

DEMAND HEARINGS
- Defense has the right to discovery and then a pre-trial hearing.
- I demand a motion hearing be set for my motions.
[If using discovery, demand an evidentiary hearing on the results of discovery questions.

DEMAND BILL OF PARTICULARS
(Example: 725 ILCS 5/111-6) The law says, on Bill of Particulars. court may, on written motion of the defendant, require State's Attorney to furnish Bill of Particulars, I submit a Motion for a Bill of Particulars.
(Example: 725 ILCS 5/114-2) Motion for a bill of particulars.
[a] written motion for bill of particulars be filed before or after arraignment
specify the particulars of the offense necessary to enable to the defense to prepare

DEMAND VERIFIED COMPLAINT
- My legal counsel said: there can also be no plea till the complaint is verified, as per (Example: 725 ILCS 5/111-3) Quote. Charging an Offense. A ... Ticket constitutes a complaint [unless] defendant requests verified complaint. Unquote. I demand a verified complaint.

DEMAND COPIES OF OATHS
[Dean said: Get oaths of office of the cop, judge, prosecutor and clerk.]
- I demand to receive Certified Copies of Oaths of Office of all officers of the Court involved in my case.
- I demand the following of all officers of the Court involved:
1- Does the officer have a claim against me?
2- Is the officer a Creditor or debtor to appear?
3- What is the value of the case?
4- Are you using my name or property for profit?
5- What are each Officer's phone number, Private phone number, Driver license number and SSN?
6- What are each Officer's Bond requirements?
7- What are each Officer's Billing address, Home address, City and County?
8- What are each Officer's Property out of state?
9- What are all of each Officer's property and accounts under his/her Esquire name?

OBJECTIONS
OBJECT TO TRIAL DATE
- I object to the judge trying to set a trial date without first following due process as I previously demanded.
[Note again: Failure to object timely is fatal. Appeals are only based on objections.]
- I object to setting a trial date or continuance without first having a hearing on my Motions to Dismiss etc.
[If case goes to trial, demand a jury trial.]

OBJECT TO NO ANSWERS
[If plaintiff and judge don't answer the challenge, ask:]
- I object to the Court's evasion of my Motions to Dismiss, as this violates due process.
- Evasion is falsifying the record, which is criminal obstruction of justice.
- I demand to know what rules the Court is following.
- Failure to answer means the averments [in the Motion] are presumed true.
- I demand answers and to know the grounds for proceeding without proving jurisdiction.
- Under our form of government public officers are political trustees and citizens are political trustors.
- Are not trustees answerable to trustors?
- And, therefore, isn't it the duty of political trustees to answer citizens' questions about facts of governance?

CONTEMPT
[FF said: You cannot be in contempt for asking a question. www.frogfarm.org.]
[avoiceforchildren.com said: If the judge threatens to charge Contempt of Court, ask:]
- Is it civil or criminal contempt?
- If criminal, who makes the claim? What is the crime? Who is the injured party?
[Wait for response.]
- If civil, ask, where is the contract between us?
- I don't agree to the terms of the contract.
[If the claimant is said to be the state, the judicial system, the court etc, say:]
- You know only a person can make a claim; the state can't; and you know there is no injured party.

ASK QUESTIONS
- [Ask aloud to the court:] Does anyone have a valid claim against First Middle : Last-Name?

DEMAND ASSISTANCE OF COUNSEL
- As per the 6th Amendment, I cannot proceed without ASSISTANCE OF COUNSEL.
[FF said to see www.jusbelli.com Contract for Assistance of Counsel, which contract makes it unlikely that any lawyer will accept the case.]
[LD said: You cannot be jailed if you did not have appointed counsel]

DEMAND A CONTINUANCE
- As per (Example: 725 ILCS 5/114-4) Motion for continuance. [a] Quote. The defendant ... may move for a continuance. If the motion is made more than 30 days after arraignment [it] shall be in writing and supported by affidavit. Unquote. [b] The motion is granted when: [2] [Defense counsel is] unable to prepare [3] material [defense] witness is unavailable...; or [4] [Defendant's condition prevents attendance]; or [5] ...Prejudice against defendant [in] the community; or [6] The amendment of a charge or bill of particulars [from the prosecution] has taken the defendant by surprise....
[LD said: Ask for a re-arraignment. Demand the pre-trial rights that they should have told you about, like demurer.
[LD said: If they did not Mirandize you, Use this Suppression Motion: awww.lawyerdude.netfirms.com/5902.html to suppress their evidence.
[Without a warrant, they violated your rights coming on your property.]
- I submit a Motion to Suppress all Evidence gained by plaintiff without the proper Miranda warning or without a warrant.

DEMAND TO SELECT A JURY
- (Example: 725 ILCS 5/114-3) Quote. Motion to discharge jury panel. [a] [This motion] shall be raised ... prior to the voir dire examination. Unquote.
- As per [Example:] ARTICLE II. Rule 234. Quote. Voir Dire Examination of Jurors and Cautionary Instructions. The court shall permit the parties [to make] direct inquiry, therefore, I demand to make direct inquiry of the jury candidates. [Dismiss any candidate who is biased against you].

MAKE OPENING STATEMENT
[Example:] Rule 235. Quote. Opening Statements. The plaintiff may make an opening statement. The defendant may immediately follow
[Read Affidavit.]
[LB said: Quo warranto is used to determine if a person holds office. It [the warrant] must show harm is likely to come to the public.]
- Quote. Respondent has burden of proving his right to office. Unquote. [*State v. Murphy 148 SW 2d 527 and Burkett v. Ulmer, 15 A. 2d 858].
- Quote. Where the officer steps outside his authority, the remedy is quo warranto [*State v. Prevatt, 148 So. 578].
- Quote. The individual [complainant] ... must show he has an interest in the question [i.e. in the charge].
- [Say:] I wish to quote some important Law facts.
- Quote. The sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and, when the government assumes other functions, it is usurpation and oppression. ----- City Council v. Kelly, 38 So., 67, 69; 142 Ala. 552 [1905].
- Quote. Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. ----- Miranda v. Arizona, 384 U.S. 436, 491.
- Quote. Law and court-made rules of expediency must not be placed above the constitution. ----- State v. Arregui, 44 Idaho 43, 254 P. 788, 52 A.L.R. 463.
- Quote. A man may not barter away his life, freedom, or substantial rights [Const. art. 1, para. 1].----- 176 A. 692, 693 [1935].
- Quote. Every act of a state legislature repugnant to the Constitution is absolutely void. ----- Vanhorne's Lessee v. Dorance [F CC P] 2 U.S. 304, 1 L. Ed. 391.
- Quote. A citation to appear before a magistrate is not a court process, and it does not have legal efficacy of a warrant or summons. -----
Cr. Code Prac. Section 46. Duncan v. Archie Brothers, et al. 344 SW 2d 398.
[Dean Reread the citation. The wrong *statute or the wrong subparagraph may have been cited, making ticket void for vagueness. Check to see that there may be no rule or regulation that implements the statute.]
- I demand that statutory rules that apply to my case be put into evidence with certifying documentation.
- I Object on grounds that tickets are not judicial process.
- Where is the seal and signature of the court officer?
- How can tickets be judicial process?
- I Demand to know the nature and cause of the accusation [so as not to be presumed to know].
- Is the court following civil or criminal procedure?

[Give notice of discovery.]
- I hereby give Notice of Dicsovery.
[If plaintiff does not answer or give documents, motion to compel them as follows.]
- I motion that the plaintiff be compelled to answer or give the requested documents.
- I object to prosecutor's question being: leading, argumentative, based on hearsay, irrelevant, vague, requiring witness to draw a conclusion.
- I object to irrelevant or evasive answers etc and demand direct answers.
- Evasion is obstruction of justice and criminal fraud.

PROSECUTE OFFICIALS
[ED44 said: frequently send certified mail to the FBI and Dept. of Justice about your case as you proceed in your action.]

CONTEMPT
[FF said: When the court fights you, say:]
- I'm going to make an Offer of Proof for my Appeal, also Offer into Evidence.
[If pressured, ask:]
- Are you trying to Rush me to Judgment?
[LB said: attorneys bring in extraneous information via motions and briefs, to tilt the judge's mind in their favor.]

COURT RULES
[Remember, the rules don't apply to you, only to the court officers.]
[When the judge enforces rules on you but not on the prosecutor, yell:
- Substance over form!
[Force them to keep coming back to real law of the Constitution and Statutes.]

Hearings. (Example: 625 ILCS 5/2-118)
[a] Upon the suspension of license the Secretary shall immediately notify such person in writing
upon his written request shall, within 20 days after receipt thereof, set a date for a hearing

[Examples:] Rule 505. Notice to Accused.
When issuing a Uniform Citation officer shall also issue written notice to accused
Rule 222. Discovery
Rule 61. CANON 1. Judge shall uphold independence of Judiciary [not let cops issue summons]
Rule 63. CANON 3.
[1] Judge shall perform duties impartially [3] be patient [with disabled]
[4] Judge shall accord every person right to be heard
[8] Judge shall not manifest bias or prejudice [of] disability, or socio-economic status
(725 ILCS 5/101) Rule 101    Summons ...
The summons shall be issued under the seal of the court, tested in the name of the clerk, and signed
(725 ILCS 5/103-1) Rights of the Accused. Rights on Arrest.
[b] person making the arrest shall inform the person arrested of the nature of the offense
(725 ILCS 5/107-2) [1] Arrest by Peace Officer.
peace officer may arrest person when: [c] reasonable grounds to believe the person is committing an offense
(725 ILCS 5/107-9) Issuance of arrest warrant upon complaint.
[a] When a complaint is presented to a court ... it shall examine upon oath the complainant
[b] The complaint shall be in writing and shall: [2] State the offense [4] Be subscribed and sworn to by the complainant.
(725 ILCS 5/107-11) When summons may be issued.
[a] When authroized to issue a warrant of arrest, a court may instead issue a summons.
[b] The summons shall ... [3] Set forth the nature of the offense; ...
[5] Be signed by the judge of the court with the title of his or her office ....
(725 ILCS 5/111-3)  Charging an Offense. Form of Charge.
[3] [state the nature and elements of the offenses charged]
(725 ILCS 5/111-6) Bill of Particulars.
At the trial of the cause the state's evidence shall be confined to the particulars of the bill.

CLOSING STATEMENT [Example]
- 4TH BRANCH. The headless fourth branch of government [was alluded to by U.S. Supreme Court Chief Justice Jackson in 1952. ----- Federal Trade Commission v. Ruberoid Co. 343 U.S. 470, 487, 72 W. Ct. 800, 810, 96 L. Ed. 1081.
- The 1937 Brownless Report concluded that federal administrative agencies had become a "headless 'fourth branch' of government, a haphazard collection of irresponsible agencies and uncoordinated powers." ----- FDR's 1937 "President's Committee on Administrative Management, Report with Special Studies," known as the "Brownless Report."
- LAWYERS. 75-90% of American trial lawyers are incompetent, dishonest, or both. ----- Warren Burger, Former Chief Justice, U.S. Supreme Court
- In studying the law to learn to defend myself, in the event that I do not find assistance of competent counsel who can accompany me in court, I learned that abuses in government seem to be mounting, as evidenced by increasing adoption of presumptions of law. I've also learned of abuses via the news a few years ago that Governor Ryan pardoned numerous Illinois prisoners because he concluded that they did not receive fair trials. The fact that such abuses are made public is encouraging, because it makes possible improvement.
- Society is finding ways to help addicts, including alcoholics, recover from addiction. The courts have been getting better, I think, at helping to pressure addicts into treatment. As M. Scott Peck said in his book, People of the Lie, people in successful groups tend to develop pride and the attitude that their group cannot be wrong. Pride prevents group self-examination, but it's only by such self-examination that groups, including those in government, can correct their wrongs.

GET COURT RECORDS
[Read the record before the reporter submits it and get any mistakes corrected.
[Get the audio & written court transcript. Get certified copies each day or week. Purchase the transcript and the audio for about $10 for the tape.
[Check for contradictory statements over time.
[Check the register of actions. The clerk keeps a record of everything that happens.
[Have the court recorder  make a declaration that the record is true and correct, swearing before someone who can administer an oath.
[You cannot be jailed if they cannot give you a transcript.
[Challenge any transcript alterations and subpoena the jury as witnesses to what was said. In a hearing to challenge the record, subpoena the witness that the record is in question about.
[The clerk and court reporter might make your best witnesses.
[If they change your transcript, file a NOTICE OF CORRECTION OF RECORD, and if the opposition objects, ask for the recording to be put on the record. The response will be silence.
[If you think the transcript is altered, subpoena the reporter AND the notes and recordings of the reporter.
[If the judge turns you down, file a civil lawsuit against the judge.
Rule 71 Violation of Rules
Judge who violates court rules may be subject to discipline by Courts Commission.
(725 ILCS 5/103-1) Rights of the Accused. Rights on Arrest.
[h] Any peace officer who fails to comply is guilty of official misconduct

CROSS EXAMINE
[These are questions I had prepared for my traffic tickets case. Some of them would apply to your case.]
- I request that the accusing officer's duly sworn statement of what happened between him and me, the defendant, on the night of June 17th, 2003 be put into evidence.
- I also request a copy of the statement and a few minutes to read it over while the officer reads it on the stand.
[Cross examine the officer:]
- Are you a peace officer?
- As a public officer, do you know you're presumed to know the law?
- Did you know public officers have immunity from prosecution or lawsuits for performing their lawful duties?
- Did you know public officers have no immunity from prosecution or lawsuits for stepping outside of their authority?
- Do you recall any incidents in your detainment of me on the night of June 17th, 2003 that may have been outside of your authority?
- Did you have authority to detain me? [Add Ill. cite, which says those stopped for traffic violations may not be arrested or jailed.]
- On what grounds?
- Did you have authority to arrest me?
- On what grounds?
- Did you have authority to handcuff me and take me to jail 20 miles away from my car?
- On what grounds?
- Why was I not put in jail in Belleville when you took me there that night?
- What did you and the staff say to each other there at the Belleville jail that night, just before you released me?
- Why did you ask me for money twice on the way to Belleville?
- Why did you first ask me for $220, then later ask for $120?
- Why did you give me no copies of the tickets that I signed under duress at the jail?
- What branch of the government is your office under?
- What branch of the government is authorized to issue warrants or summons?
- What is required for a warrant, summons, or complaint to be lawful? [the signature & seal of judicial officer & a sworn statement of complainant]
- Did the traffic citations you filled out for me on June 17th have the force and effect of law for a proper summons?
- Can your lawyer answer for you?
- Where is the signature and seal of a judicial officer and the sworn statement of the complainant?
- If the citations were not lawful judicial process, then my case must now be dismissed for lack of due process.
- I ask the court, on what grounds can I be held here now, without proper judicial summons?
- What are unalienable rights?
- Who owns the public roadways? [the public]
- Who has the unalienable right to travel on public roadways? [the public]
- Can unalienable rights be licensed or abridged? [no]
- Who owns my car when I have sole legal title to it? [I do]
- When would I be required to get myself or my car licensed and insured to use the public roadways? [when using them for hauling people or goods for profit on public roadways]
- Is it true that anyone may use any means to travel that does not endanger anyone or anyone's property? This is part of the law that you are presumed to know.
- How does traveling in a car without license or insurance endanger anyone or property?
- Does the preamble to the Constitution say the purpose of the Constitution is partly to promote the general welfare of the people?
- Are the poor among the people whose welfare the Constitution is meant to support?
- How can the poor [which I declared under oath that I am] experience the unalienable rights to life, liberty and the pursuit of happiness, if they cannot afford licenses, insurance, and numerous government fees for travel?
- Who has the right to take away from the poor the unalienable right to travel without licenses etc?
- Do you swear under oath that you did not deny me any of my rights during your detainment of me?
- Do you know I made a sworn statement that you denied me my Miranda rights during the detainment?
- Do you swear you did not deny my Miranda rights at that time?
- Do you know what constitutes a proper oath? [to affirm statements are true under penalty of perjury]
- Will you sign an oath to that effect?
- Would you agree to take a polygraph test on this matter?
- Do you have any regrets about how you treated me during your detaining of me on the night of June 17th?
- Do you believe you made any errors of proper procedure in the detainment?
- Did you forget to tell or ask me anything that night?
- Did you ask if I had children? If so, why?
- When I told you at the Brooklyn police station that the handcuffs were uncomfortable, did you say anything you should not have said?
- Did you say they're supposed to be uncomfortable?
- Which branch of government determines guilt or innocence of defendants?
- Which branch are you in?
- Were you stepping outside the scope of your authority by making that comment?
- Will you read for the court parts from the U.S. Constitution, Art. 3, Sections 2 & 3?
- What court has original jurisdiction in any case in which a state is a party?
- Who are the parties in my case?
- What's the difference between the People of the State of Illinois and the State of Illinois?
- Can the judge or prosecutor help out?
- I ask the court, is my case now dismissed?
- Do you respect my power as a U.S. citizen, even though I'm poor?

[In the case of a bank presuming to foreclose on a property, point out that the bank did not use its own money to supply the loan, therefore the bank did not own that money to begin with, and therefore has no right to the property.]