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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
or
http://www.fu.gq.nu/6025.html
Please
be sure to visit “Briefs 101"
at
http://www.lawyerdude.s5.com/6435memo.html
Also, visit
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
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! 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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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”
:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/sample13.jpg
This sample is on the web at
http://www.circuitlawyer.8m.com/5584.pdf
Judge 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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/sample11.jpg
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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 id:
Learn to be charming and Simply say
“My motion says that I have to say”.
The law does not require oral argument!
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.
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. There
are over 100 winning motions linked
to this page:
http://www.circuitlawyer.8m.com/traffic.html
2. 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.
3. www.lawyerdude.netfirms.com/5681.html
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
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:
Telephone Lawyerdude: 805
476 8954. Email:
Dlawyerdude@Gmail.com
Lawyerdude1989@yahoo.com
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. Over
100 actual winning motions from 22
winning pro se litigators !
http://www.circuitlawyer.8m.com/traffic.html
8. Motions
101. How to write and file and serve
a motion:
http://www.fu.gq.nu/6025.html
9. Briefs
101. How to write a Memorandum of
Law:
http://www.lawyerdude.s5.com/6435memo.html
10. Lawyerdude’s
Empowerment page:
http://www.lawyerdude.8k.com/medley.html
11. Your
litigation rights page. Learn your
litigation rights!
http://www.circuitlawyer.8m.com/5687.html
12. Charlie’s
Transcripts. Learn how to charm the
judge and win your case:
http://ronfox.250free.com/charlie.html
13. Learn
the law ! Links to the 143
cases that define
criminal procedure:
http://www.circuitlawyer.8m.com/weinreb.html
14. Eighteen
actual Section 1983 federal complaints:
http://www.lawyerdude.netfirms.com/6008.html
15. 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
16. Courtroom
assertiveness 101: How to be assertive
in court. Scripts for the Pro Se litigant:
http://www.circuitlawyer.8m.com/5537.html
17. 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?
18. List
of the most quotable cases
and the most useful web pages
for the pro se Litigator:
http://www.lawyerdude.8k.com/medley.html
19. Your
case summary and trial notebook form:
http://www.lawyerdude.8k.com/summary.html
20. My
Demurrer page: perfect record so far:
http://lawyerdude.8k.com/5736.html
All about Lawyerdude
21. My
winning argument regarding the 1st
amendment where I argued the Law to
the jury without interruption:
http://www.lawyerdude.netfirms.com/5918.html
22. My
ongoing battle with the mistaken,
oppressive, and political state bar:
http://www.lawyerdude.8k.com
23. Lawyerdudes’s
biographical page:
http://www.lawyerdude.8m.com/mystory.html
24. My
LSD story and brief:
http://www.lawyerdude.8m.com/5431.html
25. How
to work well with Lawyerdude:
http://www.lawyerdude.8k.com/contract.html
26. My
most important page. My top
10 lists:
http://www.lawyerdude.8m.com/5459.html
27. My
ideas. My 10 proposed amendments to
the bill of rights:
http://www.lawyerdude.8m.com/5123.html
28. My
home page:
http://www.lawyerdude.8m.com
Or my mirror site:
http://www.lawyerdude.netfirms.com
29. List
of my 200 most popular web pages according
to Google.
http://www.lawyerdude.8k.com/5733.html
My biggest fattest briefs:
30. My
“state bar acts are unconstitutional!”
brief:
http://www.lawyerdude.8k.com/3789.html
31. My
100 page LSD brief:
http://www.circuitlawyer.8m.com/1170.html
Use this for your drug case!
32. My
collection of “right to drive” briefs:
http://www.lawyerdude.8k.com/right2drive.html
33. Lawyerdude's
briefs:
http://www.circuitlawyer.8m.com
More Lawyerdude links and
Recommended Reading list
34. Lawyerdude’s
traffic page:
http://www.lawyerdude.8m.com/5259.html
35. 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
36. List
of links to the Latest uploads from
Lawyerdude:
http://www.circuitlawyer.8m.com/5673.html
37. Lawyerdude's
Contemporary Constitutional Issues:
http://www.circuitlawyer.8m.com/5693.html
38. Lawyerdude's
links page:
http://www.lawyerdude.8m.com/links.html
39. Lawyer’s
Manifesto:
http://www.lawyerdude.8k.com/5753.html
People who link to me:
40. I
thank Bill Munro
http://www.landrights.com
I thank
http://www.commonlawvenue.com/
I remember Dan Meador
http://www.lawresearch-registry.org/
,
http://www.geocities.com/CapitolHill/Rotunda/4027/
;
http://www.wakeupaustralia.net
;
http://home.houston.rr.com/jtyner/links
Please
join my discussion group:
http://www.groups.yahoo.com/group/the_lawyerdude
Lawyerdude:
542 476
8954
Lawyerdude1989@yahoo.com
Dlawyerdude@gmail.com
Click
here 4 my links
At bottom of page.
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
or
http://www.fu.gq.nu/6025.html
Please
be sure to visit “Briefs 101"
at
http://www.lawyerdude.s5.com/6435memo.html
Also, visit 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
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! 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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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”
:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/sample13.jpg
This sample is on the web at
http://www.circuitlawyer.8m.com/5584.pdf
Judge 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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/sample11.jpg
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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:
http://www.fu.gq.nu/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 motion says that I have to say”.
The law does not require oral argument!
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.
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. There
are over 100 winning motions linked
to this page:
http://www.circuitlawyer.8m.com/traffic.html
2. 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.
3. www.lawyerdude.netfirms.com/5681.html
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
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:
Telephone Lawyerdude: 805 476 8954.
Email:
Dlawyerdude@Gmail.com
Lawyerdude1989@yahoo.com
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. Over
100 actual winning motions from 22
winning pro se litigators !
http://www.circuitlawyer.8m.com/traffic.html
8. Motions
101. How to write and file and serve
a motion:
http://www.fu.gq.nu/6025.html
9. Briefs
101. How to write a Memorandum of
Law:
http://www.lawyerdude.s5.com/6435memo.html
10. Lawyerdude’s
Empowerment page:
http://www.lawyerdude.8k.com/medley.html
11. Your
litigation rights page. Learn your
litigation rights!
http://www.circuitlawyer.8m.com/5687.html
12. Charlie’s
Transcripts. Learn how to charm the
judge and win your case:
http://ronfox.250free.com/charlie.html
13. Learn
the law ! Links to the 143
cases that define criminal procedure:
http://www.circuitlawyer.8m.com/weinreb.html
14. Eighteen
actual Section 1983 federal complaints:
http://www.lawyerdude.netfirms.com/6008.html
15. 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
16. Courtroom
assertiveness 101: How to be assertive
in court. Scripts for the Pro Se litigant:
http://www.circuitlawyer.8m.com/5537.html
17. 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?
18. List
of the most quotable cases
and the most useful web pages
for the pro se Litigator:
http://www.lawyerdude.8k.com/medley.html
19. Your
case summary and trial notebook form:
http://www.lawyerdude.8k.com/summary.html
20. My
Demurrer page: perfect record so far:
http://lawyerdude.8k.com/5736.html
All about Lawyerdude
21. My
winning argument regarding the 1st
amendment where I argued the Law to
the jury without interruption:
http://www.lawyerdude.netfirms.com/5918.html
22. My
ongoing battle with the mistaken,
oppressive, and political state bar:
http://www.lawyerdude.8k.com
23. Lawyerdudes’s
biographical page:
http://www.lawyerdude.8m.com/mystory.html
24. My
LSD story and brief:
http://www.lawyerdude.8m.com/5431.html
25. How
to work well with Lawyerdude:
http://www.lawyerdude.8k.com/contract.html
26. My
most important page. My top
10 lists:
http://www.lawyerdude.8m.com/5459.html
27. My
ideas. My 10 proposed amendments to
the bill of rights:
http://www.lawyerdude.8m.com/5123.html
28. My
home page:
http://www.lawyerdude.8m.com
Or my mirror site:
http://www.lawyerdude.netfirms.com
29. List
of my 200 most popular web pages according
to Google.
http://www.lawyerdude.8k.com/5733.html
My biggest fattest briefs:
30. My
“state bar acts are unconstitutional!”
brief:
http://www.lawyerdude.8k.com/3789.html
31. My
100 page LSD brief:
http://www.circuitlawyer.8m.com/1170.html
Use this for your drug case!
32. My
collection of “right to drive” briefs:
http://www.lawyerdude.8k.com/right2drive.html
33. Lawyerdude's
briefs:
http://www.circuitlawyer.8m.com
More Lawyerdude links and Recommended
Reading list
34. Lawyerdude’s
traffic page:
http://www.lawyerdude.8m.com/5259.html
35. 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
36. List
of links to the Latest uploads from
Lawyerdude:
http://www.circuitlawyer.8m.com/5673.html
37. Lawyerdude's
Contemporary Constitutional Issues:
http://www.circuitlawyer.8m.com/5693.html
38. Lawyerdude's
links page:
http://www.lawyerdude.8m.com/links.html
39. Lawyer’s
Manifesto:
http://www.lawyerdude.8k.com/5753.html
People who link to me:
40. I
thank Bill Munro
http://www.landrights.com
I thank
http://www.commonlawvenue.com/
I remember Dan Meador
http://www.lawresearch-registry.org/
,
http://www.geocities.com/CapitolHill/Rotunda/4027/
;
http://www.wakeupaustralia.net
;
http://home.houston.rr.com/jtyner/links
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