Motions

MOTIONS & JUDICIAL NOTICE



Motion to Claim and Exercise Constitutional Rights

NAME OF COURT

COUNTY OF XXXXXXX

STATE OF XXXXXXX

 

NAME OF PLANTIFF

             Plaintiff 

v.
Case No.   XXX_XXXX

“Name of Defendent”,

 
Defendant 

 

MOTION
TO CLAIM AND EXERCISE CONSTITUTIONAL RIGHTS and REQUIRE THE PRESIDING JUDGE TO RULE UPON THIS MOTION, and ALL PUBLIC OFFICERS OF THIS COURT TO UPHOLD SAID RIGHTS



COMES NOW
Defendant “Name of Defendent”, and moves the court, without accepting the jurisdiction of the court, pursuant to oaths sworn by the presiding judge and the attending public officers:


1.         To acknowledge and act in accordance with a United States Federal Court
ruling, to wit:  “The claim and exercise of a Constitutional Right cannot be converted into a crime.”
Miller v. U.S. 230 F, 2d 286, 489;

2.         To honor, uphold and abide by the oaths taken by the presiding judge and attending court officers, pursuant to the Constitution of the United States of America, Article VI, Clauses 2 and 3, and the Constitution of the Republic of New Mexico, Article 20, Section One, (Replace New Mexico constitutional reference with correct one for your state)  in this matter;


3.         To provide due process of law, pursuant to the First, Fourth, Fifth, Sixth, Seventh, Ninth and Fourteenth Amendments of the Constitution of the United States of America, and pursuant to Article II, Sections 2, 4, 12 and 18 of the Constitution of the Republic of New Mexico (Replace New Mexico constitutional reference with correct one for your state), and as required by the aforementioned oaths taken by the presiding judge and attending court officers, in this matter;


4.         To provide equal protection under the law, as required by the National and state Constitutions and pursuant to the referenced oaths;

5.         To respect, protect and uphold the Rights of “Last Name of Defendent”, an American Citizen, in this matter, which Rights are guaranteed in the National and state Constitutions, pursuant to referenced oaths;


6.         To acknowledge and uphold the Constitution of the United States of America as the Supreme Law of this court, in this matter, pursuant to the mandate, in Article II, Section One, of the Constitution of the Republic of New Mexico (Replace New Mexico constitutional reference with correct one for your state), that the National Constitution is the Supreme Law of New Mexico;

7.         To acknowledge and so rule that any court and/or judge which denies a Citizen to present evidence in any hearing or trial in total support of her position, which evidence had previously been sent to Plaintiff and is unrebutted by Plaintiff and counsel, is perjury of oath and denial of due process of law.  Since neither Plaintiff nor counsel rebut this evidence, then, there is no dispute, and since there is no dispute, there is no controversy, and since there is no controversy, charges must be dismissed; 


8
.         To acknowledge and so rule that this court and no other court and no judge in New Mexico (Replace New Mexico constitutional reference with correct one for your state) has jurisdiction over or can issue a court order against an American Citizen if that court and/or judge:  (a) do not provide due process of law; (b) do not provide equal protection under the law; (c) do not respect and uphold the Constitutional Rights of American Citizens, and in the instant action, the Rights of “Name of Defendent”, an American Citizen, pursuant to the Rights guaranteed in the Constitutions of the United States of America and the Republic of New Mexico (Replace New Mexico constitutional reference with correct one for your state); (d) act with sufficient force so as to deny the powers of the National and state Constitutions.    

          Wherefore Defendant “Last Name of Defendent”
respectfully moves this court to grant this Motion for the aforesaid reasons.

 


Respectfully submitted,


  All Rights Reserved         


                                                                  ________________________________


“Name of Defendent”, American Citizen

CERTIFICATE OF SERVICE


I certify that on this ____ day of January, 2004, a true and exact
copy of the aforesaid Motion was sent, first class postage prepaid, by U.S.
mail, to Name of
Plaintiff
, Post Office Box xxxxx, xxxx, State zipcode

 

All Rights Reserved

_________________________________

“Name of Defendent”, American Citizen



 

Motion to Demand Court Read All Pleadings

 

NAME
OF COURT

COUNTY
OF
XXXXXXX

STATE
OF
XXXXXXX

 

NAME OF
PLANTIFF

             Plaintiff 

v.
Case No.   XXX
_XXXX

“Name of Defendent”,

 
Defendant 

 

MOTION
TO DEMAND THIS COURT READ ALL PLEADINGS DEFENDANT FILES WITH THIS COURT, AND
ADHERE ONLY TO CONSTITUTIONALLY COMPLIANT LAW AND CASE LAW, AND MORE
PARTICULARLY, THE BILL OF RIGHTS, IN ITS RULINGS

________________________________________________________________


COMES
NOW
Defendant, “Name of Defendent”, and moves this Honorable Court, pursuant to the oaths sworn by the
presiding judge and attending public officers, and their duties to the National
Constitution, in any and all proceedings before this Honorable Court in this
matter:


1.
To read, consider, comprehend and rule upon all motions and pleadings
Garcia files with this Court, with Court rulings based only in and supported by
laws, statutes and case law in agreement with, and not in opposition or
contradiction to, the National Constitution, specifically, the Bill of Rights;      

2.
To honor, uphold and abide by the oaths taken by the presiding judge and
attending court officers, pursuant to the Constitution of the United States of
America, Article
VI, Clauses 2
and
3
, and Constitutional requirements thereof;


3.        Pursuant to those oaths,
to base and support all rulings in law or case law which is Constitutionally
compliant
and which will not: (A)
deny the powers of and Rights guaranteed in the National Constitution; (B) deny
Constitutional Rights to American Citizens, in the instant case, “Name of Defendent”; (C)
violate federal and/or state Constitutionally compliant laws; (D) shield,
exonerate or hold Defendant(s) harmless and immune from violating federal or
state laws, federal or State Constitutions, violating “Last
Name of Defendent”
; Constitutional Rights and Rights of due process of law, wrongdoing(s), crimes, criminal activity(ies), fraud, collusion and conspiracy, insurrection, sedition and anarchy.     

4.
To acknowledge that American Citizens, in the instant case, “Name of Defendent”, are
Sovereign in this Nation, and that the government, this, and other Courts serve
the American Citizens pursuant to:  (A)
limited powers delegated from the Constitution, which delegated
powers are derived from the People;
(B) oaths taken to uphold the Constitution; (C) the Constitution, specifically,
the Bill of Rights; (D) powers authorized only by the Constitution or laws in
full compliance therewith, specifically, the Bill of Rights, and (E) acknowledge
that lack of Constitutional authority precludes any action and voids any ruling
by this Court.

Wherefore, since
the Constitution is the Supreme Law of
this Land,
to which this Court and presiding judge are sworn, Defendant “Last Name of Defendent”, respectfully moves this Honorable Court to
grant this Motion, based in and supported by the federal Constitution, for the
aforesaid reasons, to honor and uphold her Constitutional Rights during all
judicial proceedings, to read Edward’s pleadings and rule based only in law
and case law compliant with, and not in opposition or contradictory to, the
Constitution. 


           
Respectfully submitted,



All Rights Reserved 

 



________________________________

     


“Name of Defendent”, American Citizen



c/o xxxxx Drive


                                   xxxxxxx,
State

 
            (xxx)
xxx-xxxx       

 

Certificate
of Service

 


I certify
that on
this ___ day of _________ a true and correct copy of the foregoing Motion was
sent by U.S. Mail, first class, postage prepaid to “attorneys
or whoever”
of record for
Plaintiff.

 

All
Rights Reserved

 

_______________________________

 “Name of Defendent”, American Citizen



 

Motion for Citizens Demand for Trial by Jury

 

FOURTH
JUDICIAL DISTRICT COURT

COUNTY
OF SAN MIGUEL

STATE
OF NEW MEXICO

NAME
OF COURT

COUNTY
OF
XXXXXXX

STATE
OF
XXXXXXX

 

NAME OF
PLANTIFF

             Plaintiff 

v.
Case No.   XXX
_XXXX

“Name of Defendent”,

 
Defendant 

MOTION
FOR CITIZEN’S DEMAND FOR TRIAL BY JURY


COMES NOW
“Name of Defendent”,
American Citizen, Defendant in Error, non-licensed attorney litigant, the
undersigned, and, without accepting the jurisdiction of this court, moves the
court as follows:

1.
Pursuant to the Rights secured for her in the Constitution of the United
States of America, Article III, Section 2, Paragraph 3, and in the 6th
Amendment to said Constitution; and in Article II, Sections 12 and 18, of the
New Mexico State Constitution
(Replace
New Mexico constitutional reference with correct one for your state)
, “Last
Name of Defendent”

hereby states her demand for trial by jury
.

2. 

“Last
Name of Defendent”

demands that the presiding judge, pursuant to his oath, honor and abide by said
oath, uphold and support the referenced National and state Constitutions, and
“Last
Name of Defendent”

Rights secured therein, and provide due process of law, in a judicial forum, as
required, by law, to honor and uphold the Constitution and Edwards’
unalienable Rights.  

                                      
Respectfully submitted,

                                      
All Rights Reserved

 

                                      
__________________________________
“Name of Defendent”,
American Citizen



C/o xxx  Drive


      
xxxxx, State [zip code]

CERTIFICATE OF SERVICE




I certify that a true and correct copy of the foregoing Motion was sent,
first class, by U.S. Mail, postage prepaid, to xxxxxxx, Post Office Box xxxxx,
xxxxx, State, zipcode on this ____day of xxxx, 200X.

All Rights Reserved



 

Judicial Notice

 

NAME
OF COURT

COUNTY
OF
XXXXXXX

STATE
OF
XXXXXXX

 

NAME OF
PLANTIFF

             Plaintiff 

v.
Case No.   XXX
_XXXX

“Name of Defendent”,

 
Defendant 

 

MOTION
TO CLAIM AND EXERCISE CONSTITUTIONAL RIGHTS and REQUIRE THE PRESIDING JUDGE TO
RULE UPON THIS MOTION, and ALL PUBLIC OFFICERS OF THIS COURT TO UPHOLD SAID
RIGHTS



 COMES NOW
Defendant “Name of Defendent”, and moves the court, without
accepting the
jurisdiction of the court, pursuant to oaths sworn by the presiding judge

and the attending
public officers:


1.
To acknowledge and act in accordance with a United States Federal Court
ruling, to wit:  “The claim and
exercise of a Constitutional Right cannot be converted into a crime.”
Miller v. U.S. 230 F, 2d 286, 489;

          2.
To
honor, uphold and abide by the oaths taken by the presiding judge
and attending court officers, pursuant to the Constitution
of the United States of America, Article VI, Clauses 2 and 3
, and the
Constitution of the Republic of New Mexico, Article
20, Section One
, (Replace New Mexico
constitutional reference with correct one for your state)
  in this matter;


3.
To provide due process of law, pursuant to the First,
Fourth, Fifth, Sixth, Seventh, Ninth and Fourteenth
Amendments of the
Constitution of the United States of America, and pursuant to Article
II, Sections 2
,
4, 12 and 18
of the Constitution of the Republic of New Mexico
(Replace
New Mexico constitutional reference with correct one for your state)
, and as
required by the aforementioned oaths taken by the presiding judge and attending
court officers, in this matter;


4.
To provide equal protection under the law, as required by the National
and state Constitutions and pursuant to the referenced oaths;

          5.
To
respect, protect and uphold the Rights of “Last Name of Defendent”, an American Citizen,
in this matter, which Rights are guaranteed in the National and state
Constitutions, pursuant to referenced oaths;


6.
To acknowledge and uphold the Constitution of the United States of
America as the Supreme Law of this court, in this matter, pursuant to the
mandate, in Article II, Section One, of the Constitution of the Republic of New
Mexico
(Replace
New Mexico constitutional reference with correct one for your state)
, that the National Constitution is the Supreme Law of New Mexico;

          7.         

To
acknowledge and so rule that any court and/or judge which denies a Citizen to
present evidence in any hearing or trial in total support of her position, which
evidence had previously been sent to Plaintiff and is unrebutted by Plaintiff
and counsel, is perjury of oath and denial of due process of law.  Since neither Plaintiff nor counsel rebut this evidence,
then, there is no dispute, and since there is no dispute, there is no
controversy, and since there is no controversy, charges must be dismissed; 


8
.
To acknowledge and so rule that this court and
no other court and no judge in New Mexico
(Replace
New Mexico constitutional reference with correct one for your state)
has jurisdiction over or can issue a
court order against an American Citizen if that court and/or judge:
(a) do not provide due process of law; (b) do not provide equal
protection under the law; (c) do not respect and uphold the Constitutional
Rights of American Citizens, and in the instant action, the Rights of “Name of Defendent”, an American Citizen, pursuant to the Rights guaranteed in the
Constitutions of the United States of America and the Republic of New Mexico
(Replace
New Mexico constitutional reference with correct one for your state)
;
(d) act with sufficient force so as to deny the powers of the National and state
Constitutions.    

          Wherefore Defendant “Last Name of Defendent”
respectfully moves this
court to grant this Motion for the aforesaid reasons.

 


Respectfully submitted,


  All Rights Reserved         


                                                                  ________________________________


“Name of Defendent”, American Citizen

CERTIFICATE OF SERVICE


I certify that on this ____ day of January, 2004, a true and exact
copy of the aforesaid Motion was sent, first class postage prepaid, by U.S.
mail, to Name of
Plaintiff
, Post Office Box xxxxx, xxxx, State zipcode

 

All Rights Reserved

_________________________________

“Name of Defendent”, American Citizen




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