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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:


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 calendar is in the court's computer system.
1. A word about paper. I discuss "lined and numbered" paper
further down on this page. Do not let this special paper be an
obstacle. Just write the motion. WordPerfect can insert the lines
later. Federal courts will look for "lined and numbered" paper. More
about this paper below.

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.h
tm
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/priorrestrain
ts.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