Showing posts with label motion. Show all posts

Monday, May 6, 2013

MOTION FOR A CONTINUANCE

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

MOTION FOR A CONTINUANCE

I, _________________________________, a living man without benefit of counsel, hereinafter known as The Accused, moves this Honorable Court for a continuance which will allow the court prosecutor adequate time to respond to the filed Request For Admissions as per Rule 198.1 of the TEXAS RULES OF COURT.

Respectfully,

_________________________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the forgoing has been delivered to the following party or counsel of record via delivery confirmation, hand delivery or fax on this ______ day of ________________________, 201__.

______________________________________

_________________________________

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

ORDER ON DEFENDANT'S MOTION

FOR A CONTINUANCE

On this the day of , 201__, came on to be heard Defendant's Motion for a Continuance in the above entitled and numbered cause(s), and the court, having heard the said motion, and the evidence thereon submitted, is of the opinion that said Motion should be

Granted

Denied, Grounds Being ________________________________________________

______________________________________________________________________________

Signed and entered this day of , 201__.

SEAL

_____________________________

Judge Presiding

INSTRUCTIONS

This document is filed at least 10 days before the pretrial and ONLY if you serve a copy of the REQUEST FOR ADMISSIONS on the prosecutor. The prosecutor needs 30 days to have time to answer the Request for Admission document.

Do not have a page number on the ORDER – you may need to cut and paste to a new document.

Original is filed with the court clerk, copy served on the prosecutor, a copy for you.

Line 1: Where you put the cause numbers of the case.

Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 4: Put your name in Upper and Lower Caps.

Line 5: Put whatever county the court is in – like – “Galveston”.

Line 6: Put your name in Upper and Lower Caps.

There is a space left for you to put a “wo” in front of ‘man’ if need be.

Line 7: Sign your name, below the line, print your name in Upper and Lower Caps then below that print your address.

Line 8: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.

Line 9: Put the name of the Month that you serve a copy of this document to the prosecutor.

Line 10: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .

Line 11: Put “ Prosecutor for (Whatever Court)

Line 12: Put the street address where the prosecutor will be served.

Line 13: Put the City, State and Zipcode where the Prosecutor will be served.

Line 14: Sign your name, print your name in Upper and Lower Caps then below that print your address.

NEW DOCUMENT - ORDER

Line 8: Where you put the cause numbers of the case.

Line 9: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 10: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 11: Put your name in Upper and Lower Caps.

Line 12: Put whatever county the court is in – like – “Galveston”.

Leave the rest for the Judge to fill out.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.

MOTION TO SET ASIDE COMPLAINT

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

MOTION TO SET ASIDE COMPLAINT

I, _________________________________, a living man without benefit of counsel, hereinafter known as the Accused, moves this Honorable Court to set aside the complaint as it is not admissible as evidence pursuant to Rule 602 of the Texas Rules of Evidence. The complaint is not sworn to as having first hand knowledge and/or complaint will be considered as inefficient as complaint in affidavit form is not affirmed under the penalty of perjury, pursuant to Article 1, Sec. 5 of the Texas Constitution.

Respectfully submitted,

_________________________________

CERTIFICATE OF SERVICE

______________________________________

_________________________________

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

ORDER ON DEFENDANT'S MOTION TO SET ASIDE COMPLAINT

On this the day of , 201__, came on to be heard Defendant's Motion to set aside Complaint in the above entitled and numbered cause(s), and the court, having heard the said motion, and the evidence thereon submitted, is of the opinion that said Motion should be GRANTED

It is hereby Ordered that the above cause(s) be DISMISSED

Signed and entered this day of , 201__.

SEAL

_____________________________

Judge Presiding

INSTRUCTIONS

This document is filed after you get a copy of the complaint and as soon as you can find a Cause Number for your case. This is used only if someone else swears to the complaint that does not have first hand knowledge of the accusation. (Like the clerk of the court.) It is really a Motion to Dismiss but in an another form. You do not want to plea at an arraignment when you do not know the nature and cause of the accusation. Just another document to help on your appeal.

Do not have a page number on the ORDER – you may need to cut and paste to a new document.

Original is filed with the court clerk, copy served on the prosecutor, a copy for you.

Line 1: Where you put the cause numbers of the case.

Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 4: Put your name in Upper and Lower Caps.

Line 5: Put whatever county the court is in – like – “Galveston”.

Line 6: Put your name in Upper and Lower Caps.

There is a space left for you to put a “wo” in front of ‘man’ if need be.

Line 7: Sign your name, below the line, print your name in Upper and Lower Caps then below that print your address.

Line 8: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.

Line 9: Put the name of the Month that you serve a copy of this document to the prosecutor.

Line 10: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .

Line 11: Put “ Prosecutor for (Whatever Court)

Line 12: Put the street address where the prosecutor will be served.

Line 13: Put the City, State and Zipcode where the Prosecutor will be served.

Line 14: Sign your name, print your name in Upper and Lower Caps then below that print your address.

NEW DOCUMENT - ORDER

Line 1: Where you put the cause numbers of the case.

Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 4: Put your name in Upper and Lower Caps.

Line 5: Put whatever county the court is in – like – “Galveston”.

Leave the rest for the Judge to fill out.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.

MOTION TO SET ASIDE INFORMATION

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

MOTION TO SET ASIDE INFORMATION

I, _________________________________, a living man without benefit of counsel, hereinafter known as The Accused, moves this Honorable Court to set aside the primary pleading of the State (See TCCrP[1] Art. 27.01) as the information lacks form or substance (See TCCrP Art. 27.02(1)) which has not been presented (See TCCrP Art. 21.20). Court procedure does not allow the Accused to plea Guilty, Not Guilty or Nolo Contendere, if the information has not been presented by the State. (See TCCrP Art. 21.22 & 45.023). The court lacks subject matter jurisdiction without the presentment of the information. (See Texas Constitution, Art. 5, Sec. 12(b)). Any plea by this Honorable Court, in behalf of the Accused, without the presentment of the information by the State, lacks jurisdiction of such action and may damage the Accused procedural rights. The Accused request this Honorable Court to demand the prosecution to present the information to this Honorable Court in a timely manner or Dismiss the above cause(s) for lack of jurisdiction.

Respectfully submitted,

_________________________________

CERTIFICATE OF SERVICE

______________________________________

_________________________________

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

ORDER ON DEFENDANT'S MOTION TO SET ASIDE INFORMATION

On this the day of , 201__, came on to be heard Defendant's Motion to set aside Information in the above entitled and numbered cause(s), and the court, having heard the said motion, and the evidence thereon submitted, is of the opinion that said Motion should be GRANTED

It is hereby Ordered that the above cause(s) be DISMISSED

Signed and entered this day of , 201__.

SEAL

_____________________________

Judge Presiding

INSTRUCTIONS

This document is filed with the Notice for Information as soon as you can find a Cause Number for your case. It is really a Motion to Dismiss but in an another form. You do not want to plea at an arraignment when you do not know the nature and cause of the accusation. The information filed by the State is suppose to give you that information. That is why the prosecution seldom file one. Just another document to help on your appeal.

Do not have a page number on the ORDER – you may need to cut and paste to a new document.

Original is filed with the court clerk, copy served on the prosecutor, a copy for you.

Line 1: Where you put the cause numbers of the case.

Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 4: Put your name in Upper and Lower Caps.

Line 5: Put whatever county the court is in – like – “Galveston”.

Line 6: Put your name in Upper and Lower Caps.

There is a space left for you to put a “wo” in front of ‘man’ if need be.

Line 7: Sign your name, below the line, print your name in Upper and Lower Caps then below that print your address.

Line 8: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.

Line 9: Put the name of the Month that you serve a copy of this document to the prosecutor.

Line 10: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .

Line 11: Put “ Prosecutor for (Whatever Court)

Line 12: Put the street address where the prosecutor will be served.

Line 13: Put the City, State and Zipcode where the Prosecutor will be served.

Line 14: Sign your name, print your name in Upper and Lower Caps then below that print your address.

NEW DOCUMENT - ORDER

Line 1: Where you put the cause numbers of the case.

Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 4: Put your name in Upper and Lower Caps.

Line 5: Put whatever county the court is in – like – “Galveston”.

Leave the rest for the Judge to fill out.

Do not put a page number on the ORDER – you may need to cut and paste to a new document.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.

[1] TCCrP means Texas Code of Criminal Procedure.

MOTION FOR NATURE AND CAUSE OF ACCUSATION(S)

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

MOTION FOR NATURE AND CAUSE

OF ACCUSATION(S)

I, _________________________________, a living man without benefit of counsel, hereinafter known as The Accused, moves this court to conduct a fair and impartial trial and states the following:

1. The Accused, requests that the Honorable Judge of the Court will follow and be in compliance with the Constitution for the United States of America and the Constitution for the State of Texas.

2. The Accused, requests the Honorable Judge of the Court by reminding the Prosecutor that all essential elements of the charge must be proven beyond a reasonable doubt and that the Accused will be informed of the Nature and the Cause of the accusations which is being brought forth for consideration by this Court.

3. As shown by Bartell v. U.S., the obligation of the Prosecutor to inform the Accused the Nature and Cause of the accusation is elementary and not something extraordinary to be expected.

BARTELL v. U S, 227 U.S. 427 (1913)

"It is elementary that an indictment, in order to be good under the Federal Constitution and laws, shall advise the accused of the nature and cause of the accusation against him, in order that he may meet the accusation and prepare for his trial, and that, after judgment, he may be able to plead the record and judgment in bar of further prosecution for the same offense."

"… however general the language used, is yet so described as reasonably to inform the accused of the nature of the charge sought to be established against him; and . . . in such case, the accused may apply to the court before the trial is entered upon for a bill of particulars,… "

4. As shown by Nyanza S.S. Co. v. Jahncke Dry Dock No. 1 and Robertson v. Chambers, there is a distinct difference between the Nature and the Cause of the accusation.

NYANZA S S CO. v. JAHNCKE DRY DOCK NO 1, 264 U.S. 439 (1924)

"And the judgment must be, not only in its nature final, but a complete disposition of the cause."

ROBERTSON v. CHAMBERS, 341 U.S. 37 (1951)

"These powers of the Retiring Board have been given a wide reach, so that the nature and cause of the disability may be ascertained."

"We think it would be more in harmony with the nature of the procedure, …"

5. As shown by Western Union Tel. Co. v. Andrews, Hastings v. Selby Oil & Gas Co. and Peters v. Veasey, the Nature of the accusation is the type of law where a violation could occur. There are many types of law, which have their own rules of procedure.

WESTERN UNION TEL CO. v. ANDREWS, 216 U.S. 165 (1910)

"The various authorities we have referred to furnish ample justification for the assertion that individuals who, as officers of the state, are clothed with some duty in regard to the enforcement of the laws of the state, and who threaten and are about to commence proceedings, either of a civil or criminal nature, to enforce against parties affected an unconstitutional act, violating the Federal Constitution, may be enjoined by a Federal court of equity from such action."

HASTINGS v. SELBY OIL & GAS CO., 319 U.S. 348 (1943)

"This is an action in the nature of an equity proceeding brought by the respondents …"

PETERS v. VEASEY , 251 U.S. 121 (1919)

"The work in which defendant in error was engaged is maritime in its nature; …"

6. Just some of the Laws that could be stated as the Nature of an accusation could be as follows:

•Administrative Law - •Antitrust & Trade Law - •Banking Law - •Bankruptcy Law - •Civil Rights Law - •Commercial Law - •Common Law - •Communications Law - •Constitutional Law - •Contract Law - •Corporation & Enterprise Law - •Criminal Law - •Cyberspace Law - •Dispute Resolution & Arbitration Law - •Education Law - •Entertainment & Sports Law - •Environmental Law - •Ethics & Professional Responsibility Law - •Family Law - •Government Benefits Law - •Government Contract Law - •Health Law - •Immigration Law - •Indian Law - •Injury and Tort Law - •Intellectual Property Law - •International Law - •International Trade Law - •Labor & Employment Law - •Probate Law - •Trusts & Estates Law - •Property Law - •Real Estate Law - •Securities Law - •Tax Law - •Admiralty Law - •Maritime Law.

7. The Accused request the Nature of the accusation as by the type of Law that was violated.

8. The Cause of the accusation is the law, rule, code, ordinance, statute, regulation, policy, or by which means the prosecutor can find remedy of the action.

9. The Accused request information from the prosecutor for the Cause of the Action.

10. A mer statement of the Charge is vague and does not show all elements of the charge so that an actual defense of the true charges can be administered.

11. The Accused request the Nature and Cause of the Accusation(s) from the Prosecutor before jurisdiction can be established.

Respectfully,

_________________________________

CERTIFICATE OF SERVICE

______________________________________

_________________________________

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

ORDER ON MOTION FOR NATURE AND CAUSE

OF THE ACCUSATION(S)

On this the day of , 201__, came on to be heard the Accused Motion for Nature and Cause of the Accusation(s) in the above entitled and numbered cause, and the court, having heard the said motion, and the evidence thereon submitted, is of the opinion that said Motion should be

Granted

Denied, Grounds Being ________________________________________________

______________________________________________________________________________

Signed and entered this day of , 201__.

SEAL

_____________________________

Judge Presiding

INSTRUCTIONS

This document asks for the famous ‘Nature and Cause’ as required by all Constitutions. This document gives the authority to receive the nature and cause and states what nature and cause is. Remember that a motion that is not granted and signed, is determined to be denied. This document denied will be evidence of the violation of your substantive and procedural rights.

File this document at least 10 days before the pretrial.

Do not have a page number on the ORDER – you may need to cut and paste to a new document.

Original is filed with the court clerk, copy served on the prosecutor, a copy for you.

Line 1: Where you put the cause numbers of the case.

Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 4: Put your name in Upper and Lower Caps.

Line 5: Put whatever county the court is in – like – “Galveston”.

Line 6: Put your name in Upper and Lower Caps.

There is a space left for you to put a “wo” in front of ‘man’ if need be.

Line 7: Sign your name, below the line, print your name in Upper and Lower Caps then below that print your address.

Line 8: Where you put the cause numbers of the case.

Line 9: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 10: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 11: Put your name in Upper and Lower Caps.

Line 12: Put whatever county the court is in – like – “Galveston”.

Line 13: Leave for the Judge to fill out.

Line 14: Leave for the Judge to fill out.

Line 15: Leave for the Judge to fill out.

Line 16: Leave for the Judge to fill out.

Line 17: Leave for the Judge to fill out.

Line 18: Leave for the Judge to fill out.

Line 19: Leave for the Judge to fill out.

Line 20: Leave for the Judge to fill out.

Line 21: Leave for the Judge to fill out.

Line 22: Leave for the Judge to fill out.

Line 23: Leave for the Judge to fill out.

Line 24: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.

Line 25: Put the name of the Month that you serve a copy of this document to the prosecutor.

Line 26: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .

Line 27: Put “ Prosecutor for (Whatever Court)

Line 28: Put the street address where the prosecutor will be served.

Line 29: Put the City, State and Zipcode where the Prosecutor will be served.

Line 30: Sign your name, below the line, print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.

MOTION FOR COURT TO FOLLOW TEXAS CODE OF CRIMINAL PROCEDURE

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

MOTION FOR COURT TO FOLLOW

TEXAS CODE OF CRIMINAL PROCEDURE

The Accused comes by Special Appearance to bring forth this Motion For Court to Follow the Texas Code of criminal Procedure.

I hereby make known my request and move the Court to follow the Texas Code of Criminal Procedure from the arraignment, throughout all trial proceedings including pre-trial, main trial, testimony, voire dire examinations, objections, final arguments and any and all obligations brought fourth upon the Plaintiff or the Accused, in the above captioned causes.

Prayerfully Submitted,

_________________________________

CERTIFICATE OF SERVICE

______________________________________

_________________________________

Cause No(s). _____________________________

The State of Texas § IN THE _________________________ COURT

VS. § ________________________________________ §

____________________________ § __________________ COUNTY, TEXAS

ORDER ON DEFENDANT'S MOTION FOR COURT TO FOLLOW

TEXAS CODE OF CRIMINAL PROCEDURE

On this the day of , 201__, came on to be heard Defendant's Motion for Court to Follow Texas Code of Criminal Procedure in the above entitled and numbered causes, and the court, having heard the said motion, and the evidence thereon submitted, is of the opinion that said Motion should be

Granted

Denied, Grounds Being __________________________________________________

________________________________________________________________________________

Signed and entered this day of , 201__.

SEAL

_____________________________

Judge Presiding

INSTRUCTIONS

This document confirms that the judge follow the rules. Remember that a motion not granted and signed, is determined to be denied. If the judge fails to grant and sign the motion, will give reason to have the judge recuse himself and will give an error that you can appeal. If the judge is stupid enough to deny the motion and sign it, will give reason for anyone going in front of this judge in the future, to have himself recused, since it has been established that he will not follow the rules. This should be filed at least 10 days before the pre-trial.

Do not have a page number on the ORDER – you may need to cut and paste to a new document.

Original is filed with the court clerk, copy served on the prosecutor, a copy for you.

Line 1: Where you put the cause numbers of the case.

Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 4: Put your name in Upper and Lower Caps.

Line 5: Put whatever county the court is in – like – “Galveston”.

Line 6: Sign your name, print your name in Upper and Lower Caps then below that print your address.

Line 7: Where you put the cause numbers of the case.

Line 8: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 9: Put either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 10: Put your name in Upper and Lower Caps.

Line 11: Put whatever county the court is in – like – “Galveston”.

Line 12: Leave for the Judge to fill out.

Line 13: Leave for the Judge to fill out.

Line 14: Leave for the Judge to fill out.

Line 15: Leave for the Judge to fill out.

Line 16: Leave for the Judge to fill out.

Line 17: Leave for the Judge to fill out.

Line 18: Leave for the Judge to fill out.

Line 19: Leave for the Judge to fill out.

Line 20: Leave for the Judge to fill out.

Line 21: Leave for the Judge to fill out.

Line 22: Leave for the Judge to fill out.

Line 23: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.

Line 24: Put the name of the Month that you serve a copy of this document to the prosecutor.

Line 25: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .

Line 26: Put “ Prosecutor for (Whatever Court)

Line 27: Put the street address where the prosecutor will be served.

Line 28: Put the City, State and Zipcode where the Prosecutor will be served.

Line 29: Sign your name, print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.