By Jamie Barker on Monday, December 2, 2013 at 5:41pm
I do not understand the charge.
I am here to insist on sufficient (N)otice, (D)isclosure, and (D)iscovery, so that I may
(1) properly respond,
(2) prepare my defense, or
(3) knowingly, intelligently, and voluntarily plead guilty....
To do so I must be apprised by opposing counsel (DA or AG) of the
(1)Law,
(2)Jurisdiction, and
(3) Rule of action or procedure for that jurisdiction.
You need only ask the right questions.Is this civil or criminal? And if
criminal, admiralty maritime or common law? Is this a state Court of
the Judiciary, or a federal franchise incorporated for profit setting?
"I present myself before the court, to be apprised by opposing counsel
the full and fair notice, disclosure and discovery of the nature and
cause of this action, including the petitioners standing to sue, the
jurisdiction, the claim and rule of action for that jurisdiction. So
that I may ascertain my defenses in these proceedings, Am I charged in
the original process as a natural being or corporate person? As the
original process does not specify, it does not comport with the
requirements of due process nor does it provide required notice".
SPECIAL APPEARANCE
"Special Appearance; A term used in the American law of civil procedure
to describe a civil defendant's appearance in the court of another
state solely to dispute the personal jurisdiction of the court over that
defendant. Prior to the advent of this procedure, defendants had to
either appear in the other state's court to defend the case on the
merits, or not show up in court at all, and then mount a collateral
attack on any judgment rendered against them, when the plaintiff came to
the defendant's state to collect on the judgment. In a legal catch-22,
if the defendant appeared solely to contest jurisdiction, the court
would then be permitted to assert jurisdiction based on the defendant's
presence..
In response to the apparent
inequity presented by this situation, most states have passed (not that
permission is required, only Prior Notice) statutes permitting the
defendant to make a special appearance in the courts of the state to
contest jurisdiction, without further subjecting themselves to the
jurisdiction of the court. The equivalent of such an appearance is
possible in U.S. federal courts, for the defendant may make a motion to
dismiss for lack of personal jurisdiction. Where a special appearance is
permitted, the term general appearance is used to denote the normal
type of appearance in court. A "special appearance" is in contrast to a
"general appearance".
"Do to the
prosecuting Attorney and your failure to notice or dispute my claim,
documents filed, and also my verbal notice during court. This actually
constitutes Acquiescence on the courts part, and I accept the courts
silence as such, and being so Law demands that this Case be Vacated with
Prejudice".
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It does not appear you are alleging or accusing me of any form of
crime, but rather that I am in breach of a contractual agreement. Is
this true?
Is this proceeding a transaction of a
security interest and do transactions of security interests require the
consent of both parties?
I insist you to Produce a copy of this contract I am accused of violating.
I was not given the original bill of the citation, just a copy. If
jurisdiction is found, I request to see the original bill of this
citation.
The case of the State lacks merit as it
lacks ALL elements of a valid cause of action, corpus delicti, standing,
is wholly devoid of actual or justifiable controversy, and as such
there is not even jurisdiction for the court to hear the case.
Any such contract that might exist would be inherently null and void ab
initio (from the beginning) as the contract would have been missing
most of the elements needed for a contract to be binding (full
disclosure).
Any action taken will result in my
"special appearance" to challenge jurisdiction, while proceeding Sui
Juris which will result in a dismissal of charges without a 'real party
of interest' .
If my rights are NOT observed and
respected ALL peaceful and lawful remedy available at law will be
utilized to Lawfully and Peacefully defend under warrant of the law, the
lawful rights I am claiming and exercising.
My FEE
SCHEDULE for any transgression by peace officers, government principals
or agents or justice system participants is (1 oz of gold) ONE OUNCE OF
GOLD per hour, (which of this date January 8, 2013 is 1,662.00 per
ounce) or portion thereof for being questioned, interrogated or in any
way detained, harassed, searched or otherwise regulated and (5oz of
gold) FIVE OUNCES OF GOLD or portion thereof, per hour, or $5,000 if
gold value falls below $1,000, if I, (or any property I own) am
handcuffed, transported, incarcerated or subject to any adjudication
process without my express written and Notarized consent.
The officer made use of emergency lights to effect a non emergency, non
felony stop, in addition to non presentment of the original bill.
I claim that the law of agent and principal does apply and that service upon one is equal to both.
I claim the right to deal with any counterclaims or disputes publicly
and in an open forum using discussion and negotiation and to capture on
videotape said discussion and negotiation for whatever lawful purpose I
see fit.
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AFFIDAVIT INFO
An affidavit is a statement of facts. Therefore, you should include all
the facts that are relevant in your case. Importantly, your affidavit
should support the orders you have asked the Court to make in your
application or response. The length of your affidavit will depend on the
complexity of your case. Your affidavit does not need to be lengthy as
long as you include all the facts that you are relying on as evidence.
Try and leave out things not relevant to what the Court has to decide..
There is limited opportunity to give a personal account of your
evidence in court. Most evidence is provided by affidavit. This allows a
case to run more quickly and efficiently as all parties know what
evidence is before the Court.
Generally, an
affidavit should not set out the opinion of the person making the
affidavit; that is, it must be based on facts not your beliefs or views.
The exception is where the person is giving evidence as an expert; for
instance, a psychologist or licensed valuer.Where possible you should
avoid referring to facts that are based on information received from
others (known as hearsay evidence). There are, however, a number of
exceptions to the hearsay rule. If you need to rely on hearsay evidence
in your affidavit, get legal advice to see whether it would be
admissible in court.
You should not refer to
anything said or documents produced in connection with an attempt to
negotiate a settlement of your dispute, as these are not admissible as
evidence in Court. There are some exceptions and if you want to refer to
these communications you should read section 131 of the Evidence Act
1995 (Cth). If you are unsure about what can and cannot be included in
your affidavit, you should seek legal advice.
Attaching documents If you refer to a document in your affidavit, you
must attach a copy of it to the back of your affidavit (known as an
annexure). Examples of an annexure are a contract of sale or a child’s
school report. If there is more than one annexure, you need to refer to
each one by a number or letter; for example, Annexure 1 or Annexure A.
You also need to number the annexures consecutively, that is, from the
first page of the first annexure to the last page of the last
annexure.Each annexure must have a statement signed by the authorized
person identifying the annexure as the document referred to in the
affidavit. The wording of the statement is:This is the document referred
to as Annexure [insert reference number] in the affidavit of [insert
deponent’s name], sworn/affirmed at [insert place] on [insert date]
before me [authorized person to sign and provide name and
qualification]. The statement must be signed at the same time as the
affidavit and by the same authorized person.
Signing
an affidavit The person making an affidavit (the deponent) must sign the
bottom of each page in the presence of an authorized person, such as a
lawyer or Justice of the Peace. On the last page of the affidavit the
following details must be set out (known as a jurat):the full name of
the person making the affidavit, and their signature whether the
affidavit is sworn or affirmed the day and place the person signs the
affidavit, and the full name and occupation of the authorized person, and
their signature.If any alterations (such as corrections, cross-outs or
additions) are made to the affidavit, the person making the affidavit
and the witness must initial each alteration.
