Subdocument 8952 Version 1.001 Lawyerdude1989@yahoo.com 888 476 8954.
This document is http://www.lawyerdude.netfirms.com/8952.html It is taken from my book.
Related documents: See the large list of links at the end of this page.
Part 3: Serving, Filing, and Arguing your motion
1. Make enough duplicate originals and/or copies 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.
2. Technically you may not serve some of 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. Exception: If you succeed in persuading the judge to issue an OSC ( Order to Show Cause ) then he will be stricter assurance that the Order was served. He may elect to order the sheriff to serve the OSC. 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.
Common Attitude problems with clerks when you file Motions at the Criminal Filing Window: Be nice. What would Andy Griffith do?
1. Always remember to act like Andy Griffith. He gets along with everybody and he always gets what he wants.
2. Be polite and friendly. At least you will get off to a good start.
3. Sometimes they will offer to stamp your motion “received” instead of “filed.” This usually means that they will not schedule it for a hearing even though you have a hearing date designated by you in the caption. You must inquire further if this is the case. However, the “received” stamp proves you did indeed file the motion. At worst it causes delay; delay is good for the criminal defendant! Be sure to inquire as to the reason for the refusal.
4. Faretta problem. Maybe the clerk is refusing to let you file because the public defender shows up in their computer as your lawyer. If necessary you can get a clarification order from the judge. A Faretta hearing can be required by the court before you can be Pro Se. There is usually a Faretta waiver form at the public defender desk in the court room.
5. Feel free to telephone me from the filing window. My toll free telephone number is printed at the top left of every motion. If you have a problem with a clerk then ask her if it would be helpful if your lawyer talked to her on the telephone. Then call me on your cell phone. She may accommodate you by talking on your cell phone or she may elect to have me call her or somebody else in her office. If you don’t have a cell phone then call me from the pay phone at the filing window.
6. Don’t be afraid to inquire as to the location of the Elected/ Appointed Chief Clerk of the Court or her Chief Administrator. In bigger courts there is a person whose job it is to make things work smoothly. Find out if there is such a person and work with that person to achieve your goal.
7. Don’t be afraid to ask what they would like you to change. This does not mean that you agree to change. It means that you are willing to inquire. Sometimes they will recommend something that you should have been doing. They can teach you!
8. There are some things to remember when filing motions:
a. Problems arise when you file at the last moment. File a day early. That diminishes the stress level. You now have a day to upgrade your motion to suit the clerk.
b. Many tasks are iterative. Iterative means that you do it over and over until you get the result that you want. You may need to upgrade your motion and retry. You may need to work up the chain of command if your motion is good.
c. Clerks are usually nice people who have that job because of good people skills. Be friendly and they will usually respond with friendliness.
d. Clerks are the gatekeepers; try to avoid making them angry. They are there to help you. They want to do their job. Sometimes they are right; your papers need upgrading.
e. You can avoid some problems by filing by mail - which is practically the only way to file from jail - and a very efficient way to file in general.
i. Be sure to include a cover letter.
ii. Be sure to include a self addressed, stamped envelope for return of a file-stamped first page.
iii. Be sure to include a first page for their filing stamp.
f. Be sure to have a pen and paper. Write down the names of any clerk who presents an obstacle.
g. All clerks have supervisors. Some courts have an administrative person whose job is to smooth out the rough spots. Don’t misbehave. Be pleasant. Think to yourself “How would Andy Griffith behave?”
9. You can expect trouble filing your first motion . You are a newbie. The clerk may sense that. The clerk tell you something like “I have never seen anything like that” or “We don’t do those here”. Be not dismayed. There is an entire universe of motions that the clerk has never heard of.
10. A common problem is that the clerk will not file your motion because the public defender is speaking for you and therefore you can’t file a motion on your own behalf. She is wrong about that. Call me and I will need to amplify this part. But remember to take names in writing. Generally a rejected paper should only be rejected in writing. The clerk should give you a written explanation.
11. Sometimes they can’t find the case file. Most often the case file (folder) is in court now - so go file it there. Sometimes the file is in chambers. Maybe the judge is reading your papers in preparation for an upcoming hearing. When they cannot file your file then they cannot put your motion papers in the file. When you show up on the day of the hearing, the judge will not have your motion in the case folder. Remedy. Ask for a continuance to give the court time to file the motion in the folder and eventually read your motion.
12. Regarding a refusal to file, 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 but the remedy is usually to upgrade your motion and make it more normal. There is very little under the sun when it comes to legal papers.
13. Ultimately you could apply for a writ to make them file it - but I have never actually heard of this happening.
14. Public defenders don’t like it when you make work for them by writing and filing motions. They won’t write a motion and they don’t like it when you write a motion. They play an oral game. They like to talk and avoid writing. They write bad motions - but mostly they don’t write any motions - but they will criticize yours. Public defenders are instruments of oppression!
15. Sometimes the judge in a small town with authorize the clerk to reject your filing. In that case you may want to upgrade your filing or apply to a higher court/ judge for a wri.
16. They are supposed to give you a written rejection letter citing a rule or statute that prevents them from accepting your filing. Ask for it in writing.
Arguing your motion
1. 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!
2. If the prosecutor has not responded to your written motion, then demand a default ruling in your favor.
3. 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.
4. You must mention your motion by number. I am talking about the document identification number.
5. Read my page about arguing here: How to speak up in court. www.circuitlawyer.8m.com/5537.html
6. 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.
7. 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.
8. 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 written motion says exactly what I have to say. Have you read my motion judge? Do you have any questions about what is written there?” The law does not require oral argument! If you tell the judge what is in the motion then you let him off the hook; he may not have read the motion. Ask him. Make the record clear in that regard. 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. You may want to read only the most important sentence in the motion. Or you may want to simply inquire of the judge regarding his having read the motion. Judge Hunter, that rotten Mormon bastard, would tell me that he read my motion. It was a lie. I would have a 20 page motion handed to the clerk at the beginning of the court session. He should have simply set the matter to another week or month but he would answer me that he read the motion. Also, he gave himself away when he actually had to read something: He had to hold the paper 2 inches from his glasses and skim the paper from left to right like a typewriter. Reading was not easy for him and I suspect that he simply did not read the motions. Somebody like Hunter would try to fake it in court by getting you to talk about your paper. Don’t fall for it.
Common Problems. Turn these lemons into lemonade
9. 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.
10. 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.
11. Another common problem is that you shoot yourself in the foot by waiting until the day of the hearing to file the motion. (The remedy is to simultaneously move, in writing, to vacate today’s hearing date and reset it.) Continuing with what happens: You serve the motion 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.
Related pages:
Lawyerdude’s List of Self-Empowerment pages for the Do-it-yourself Pro Se Litigant.
This page is http://www.lawyerdude.s5.com/6415.html and http://www.lawyerdude.netfirms.com/6415.html
Related pages:
Here, take a peak at first 13 pages of my $39 book: http://www.lawyerdude.netfirms.com/8457.html You can use your credit or debit card to buy it at this link: http://www.lawyerdude.netfirms.com/8458.html Over 156 jam packed 8.5 x 11 pages and growing. Sent by priority mail.
http://www.lawyerdude.8k.com/medley.html Very similar to 6415 but contains more pertaining to bar licensure.
Twenty basic litigation lessons:
1. Overview of the LD method: http://www.lawyerdude.netfirms.com/8786.html
2. Chronology 101: How to get started working with Lawyerdude: http://www.lawyerdude.netfirms.com/7434.html
3. Motions 101: http://www.lawyerdude.netfirms.com/6025.html
4. How to debrief: http://www.lawyerdude.netfirms.com/7775.html
5. Checklist on your way to court: http://www.lawyerdude.netfirms.com/8953.html
6. How to file, serve, and argue your motion: http://www.lawyerdude.netfirms.com/8952.html
7. What to say in court. How to talk to the judge: http://www.circuitlawyer.8m.com/5537.html
8. What to do next: http://www.lawyerdude.s5.com/6673.html
9. The litigation work Cycle: http://www.fu.gq.nu/6641.html
10. How to Inquire about your case and ask for a status report: Http://www.lawyerdude.netfirms.com/7953.html
11. How to write a partial chronology: http://www.lawyerdude.netfirms.com/8854.html
12. How to make Lawyerdude work well for you: http://www.lawyerdude.netfirms.com/contract.html
13. Briefs 101: http://www.lawyerdude.s5.com/6435memo.html
14. Strunk and White: The Elements of Style: Free online. Used in the better colleges and law schools: http://www.bartleby.com/141/
15. Read how Charlie saved his case when the judge denied his demurrer: Transcript: http://ronfox.250free.com/6709.htm
16. How to Win: http://www.lawyerdude.netfirms.com/7260.html
17. Briefs 101: http://www.lawyerdude.s5.com/6435memo.html
18. Lawyerdude’s links: http://www.lawyerdude.netfirms.com/5734.html
19. Flowchart: http://www.lawyerdude.netfirms.com/7930.html
20. What has been posted lately: It is way out of date. Don’t bother. http://www.circuitlawyer.8m.com/5673.html
List of Hyperlinks to Lesson pertaining to Criminal Procedure:
1 Your rights as an imprisoned pro se litigant: http://www.circuitlawyer.8m.com/5687.html
2 The top ten criminal motions in California and the Universe. http://www.lawyerdude.8k.com/motions.html
3 Motions 101: How to write a motion: http://www.lawyerdude.netfirms.com/6025.html
4 How to speak up in court. http://www.circuitlawyer.8m.com/5537.html
5 Page of 40 motions. This page is listed on the Steve762 page: http://www.circuitlawyer.8m.com/5695.html
6 Lawyerdude's demurrer page: http://www.lawyerdude.8k.com/5736.html
7 Lawyerdude's former main traffic page: http://www.lawyerdude.8m.com/5259.html
8 Lawyerdudes new standard for public defenders: http://www.circuitlawyer.8m.com/5635.html
9 Lawyerdude’s recommended additions to the bill of rights: http://www.lawyerdude.8m.com/5677.html
10 The leading 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html
11 How to work well with lawyerdude: http://www.lawyerdude.8k.com/contract.html
12 Here is a format to store all the data for your case: http://www.lawyerdude.8k.com/summary.html
11 Go on the offense: Actual section 1983 complaints. Sue em! http://www.lawyerdude.netfirms.com/6008.html
12 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?
13 Our class projects: http://www.lawyerdude.8k.com/projects.html
21. 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.
http://www.lawyerdude.netfirms.com/lilburne.html
The Scottsboro Boys (1932): http://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) http://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
22. 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
23. 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.
24. Medley of traffic and motions.
These 50 actual motions are linked to the Steve762 page: http://www.circuitlawyer.8m.com/5695.html
25. Link to Medley of 143 cases that define Criminal Procedure in the United States:
http://www.circuitlawyer.8m.com/weinreb.html
Version 1.014 Crass Promotional Links: Upgraded Friday, June 23, 2006 Upgraded October 4, 2006. 5/18/07. 8/10/07. 12/14/07
Watch me on YouTube: http://www.youtube.com/watch?v=nesDVOx7lac
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Links for your Empowerment! Self help Litigation forms, instructions, cases, and samples.
26. Here, take a peak at first 13 pages of my $39 book: http://www.lawyerdude.netfirms.com/8457.html You can use your credit or debit card to buy it at this link: http://www.lawyerdude.netfirms.com/8458.html Over 156 jam packed 8.5 x 11 pages and growing. Sent by priority mail.
27. My Flow Chart including links to a dozen proven winning motions: http://www.lawyerdude.netfirms.com/7930.html
28. How to Win! Getting started: http://www.lawyerdude.netfirms.com/7260.html
29. Motions 101. How to write and file and serve a motion: http://www.fu.gq.nu/6025.html
30. Over 100 actual winning motions from 22 winning pro se litigators ! http://www.circuitlawyer.8m.com/traffic.html
31. What has been newly posted by Lawyerdude: www.circuitlawyer.8m.com/5673.html
32. My Demurrer page: Perfect record so far: http://lawyerdude.8k.com/5736.html
33. Briefs 101. How to write a Memorandum of Law: http://www.lawyerdude.s5.com/6435memo.html
34. Lawyerdude’s Empowerment page: http://www.lawyerdude.8k.com/medley.html
35. What performance you should expect from your criminal defense counsel: http://www.circuitlawyer.8m.com/5635.html
36. Your litigation rights page. Learn your litigation rights! http://www.circuitlawyer.8m.com/5687.html
37. Charlie’s Transcripts. Learn how to charm the judge and win your case: http://ronfox.250free.com/charlie.html
38. Learn the law ! Links to the 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html
39. Eighteen actual Section 1983 federal complaints: http://www.lawyerdude.netfirms.com/6008.html
40. 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
41. Courtroom assertiveness 101: How to be assertive in court. Scripts for the Pro Se litigant:
http://www.circuitlawyer.8m.com/5537.html
42. 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?
43. List of the most quotable cases and the most useful web pages for the pro se Litigator: http://www.lawyerdude.8k.com/medley.html
44. Your case summary and trial notebook form: http://www.lawyerdude.8k.com/summary.html
All about Lawyerdude Palaschak
45. List of my 200 most popular web pages according to Google. http://www.lawyerdude.8k.com/5733.html
46. My winning argument regarding the 1st amendment where I argued the Law to the jury without interruption: http://www.lawyerdude.netfirms.com/5918.html
47. Raid at the Good Nite Inn based on mistake of law by District Attorney: http://www.lawyerdude.netfirms.com/brosnan.html
48. My ongoing battle with the mistaken, oppressive, and political state bar: http://www.lawyerdude.8k.com
49. Lawyerdudes’s biographical page: http://www.lawyerdude.8m.com/mystory.html
50. My LSD story and brief: http://www.lawyerdude.8m.com/5431.html
51. How to work well with Lawyerdude: http://www.lawyerdude.8k.com/contract.html
52. My most important page. My top 10 lists: http://www.lawyerdude.8m.com/5459.html
53. My ideas. My 10 proposed amendments to the bill of rights: http://www.lawyerdude.8m.com/5123.html
54. My home page: http://www.lawyerdude.8m.com Or my mirror site: http://www.lawyerdude.netfirms.com
My biggest fattest briefs:
55. My “state bar acts are unconstitutional!” brief: http://www.lawyerdude.8k.com/3789.html
56. My 100 page LSD brief: http://www.circuitlawyer.8m.com/1170.html Use this for your drug case!
57. My collection of “right to drive” briefs: http://www.lawyerdude.8k.com/right2drive.html
58. Lawyerdude's briefs: http://www.circuitlawyer.8m.com
More Lawyerdude links and Recommended Reading list
59. Lawyerdude’s traffic page: http://www.lawyerdude.8m.com/5259.html
60. 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
61. List of links to the Latest uploads from Lawyerdude: http://www.circuitlawyer.8m.com/5673.html
62. Lawyerdude's Contemporary Constitutional Issues: http://www.circuitlawyer.8m.com/5693.html
63. Lawyerdude's links page: http://www.lawyerdude.8m.com/links.html
64. Lawyer’s Manifesto: http://www.lawyerdude.8k.com/5753.html