Cause No(s). _____________________________ The State of Texas VS.
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_______________ _______________________ _____________ _____
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IN THE _________________________ COURT ____ ______ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ __ § _______________ __________________ ___ COUNTY COUNTY,, TEXAS TEXAS
Ju!"!a# Not!"e $u%sua&t u&e% '() of the Texas a& *ee%a# Ru#es of E+!e&"e AN-ATORY $u#!" /a0 1234145 A Cou%t sha## ta6e Ju!"!a# Not!"e !f %e7ueste 8 a 9a%t8 a& su99#!e 0!th the &e"essa%8 !&fo%:at!o&.
OTION TO CHA//EN;E SU
I, _________________________________, a living man without benefit of counsel, hereinafter known as the Accused, and by special appearance, moves this court to Dismiss the above cause and states the following: 1. The Accused was forced to sign traffic citations associated to the above cause(s under thre threat at,, coer coerci cion on and and dure duress ss whic which h void voidss the the prom promis isee to appe appear ar,, whic which h form formss an unconscionable contract! "nowing "nowing failure failure to disclose disclose material material information information necessary to prevent prevent statement statement from being misleading, or making representation despite knowledge that it has no reasonable basis in fact, are actionable as fraud under Te#as law! Rubinstein v. v. Collins Collins,, $% &!'d )%, **%! 2.
The Accused was not paid consideration to perform the obligation of the promise to appear under the Te#as +usiness and ommerce ode -ection '!.%/!!
3.
0o antecedent obligation of the Accused to be sub1ected to a liability associated with the above cause has been submitted into evidence!
4.
The Accused was not involved in commerce at the time of the traffic stop!
5.
The Accused2s body is not a vessel as described in / 3!-!! 4(!
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The automobile the Accused was traveling in during the traffic stop is not a vessel as
6.
described in / 3!-!! 4($!
U&!te States Coe T!t#e = § >. S9e"!a# :a%!t!:e a& te%%!to%!a# ?u%!s!"t!o& of the U&!te States ef!&e The term 5special maritime and territorial 1urisdiction of the 3nited -tates5, as used in this title, includes: 6( The high seas, any other waters within the admiralty and maritime 1urisdiction of the 3nited -tates and out of the 1urisdiction of any particular -tate, and any vessel belonging in whole or in part to the 3nited -tates or any citi7en thereof, or to any corporation created by or under the laws of the 3nited -tates, or of any -tate, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime 1urisdiction of the 3nited -tates and out of the 1urisdiction of any particular -tate! 6($ Any vessel registered, licensed, or enrolled under the laws of the 3nited -tates, and being on a voyage upon the waters of any of the 8reat 9akes, or any of the waters connecting them, or upon the -aint 9awrence iver where the same constitutes the International +oundary 9ine!
There is no contract between the plaintiff and the accused which gives the plaintiff interest
7.
in the Accused and no evidence of such interest has been admitted into evidence! There is no contract between the plaintiff and the accused which gives the plaintiff interest
8.
in the Accused2s private automobile and no evidence of such interest has been admitted into evidence! The Accused has been denied the 0ature and ause of the accusations associated with the
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above cause! The constitutional right to be informed of the nature and cause of the accusation entitles the defendant to insist that the indictment apprise him of the crime charged with such reasonable certainty that he can make his defense and protect himself after 1udgment against another prosecution on the same charge! United States v. Cruikshank , *$ 3!-! ;.$, ;.., ;;/ (/4)< United States v. Simmons, *) 3!-! ')% (/4/< Bartell v. United States, $$4 3!-! .$4 (*'< Burton v. United States, $%$ 3!-! '.. (*%)! 10. 0o
legitimate information has been filed in to evidenced associated with the above cause! If an offense cannot be accurately and clearly described without an allegation that the accused is not within an e#ception contained in the statutes, an indictment which does not contain such allegation is defective! United States v. Cook , /. 3!-! (4 =all! )/, 4. (/4$!
11.
Article ;, -ection $(b of the Te#as onstitution states that the court does not have
1urisdiction until the information is filed into court! Te#as onstitution > Article ;, -ection $(b ?@ The presentment of an indictment or information to a court invests the court with 1urisdiction of the cause!
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12.
The prosecution has the burden of proof to show that the court has sub1ect matter
1urisdiction! 5A man must assign a good reason for coming (to the court! If the fact is denied, upon which he grounds his right to come (into the court, he must prove it! e, therefore, is the actor in the proof, and, conseBuently, he has &o %!@ht, 0he%e the 9o!&t !s "o&teste, to th%o0 the o&us 9%oa&! o& the efe&a&t!5 Ca#fields Lessee v. Levy, . 3!-! ''%! EFmphasis addedG 13.
The Accused demands this court to take Hudicial 0otice that it does not have sub1ect matter
1urisdiction! =hen a 1udge knows that he lacks 1urisdiction, or acts in the face of clearly valid statutes e#pressly depriving him of 1urisdiction, 1udicial immunity is lost! Rankin v. Howard , (*/% )'' &!$d /.., cert! den! Zeller v. Rankin, % -!t! $%$%, .; 3!-! *'*, )/ 9!Fd $d '$)! A 1udge must be acting within his 1urisdiction as to sub1ect matter and person, to be entitled to immunity from civil action for his acts! Davis v. Burris, ; Ari7! $$%, 4; !$d )/* (*'/! =hen a 1udicial officer acts entirely without 1urisdiction or without compliance with 1urisdiction reBuisites he may be held civilly liable for abuse of process even though his act involved a decision made in good faith, that he had 1urisdiction! Little v. U.S. Fidelity & uaranty Co!, $4 Ciss! ;4), ). -o! $d )*4! 50o 1udicial process, whatever form it may assume, can have any lawful authority outside of the limits of the 1urisdiction of the court or 1udge by whom it is issued< and an attempt to enforce it beyond these boundaries is nothing less than lawless violence!5 !bleman v. Booth, $ oward ;%) (/;*! 5=e (1udges have no more right to decline the e#ercise of 1urisdiction which is given, than to usurp that which is not given! The one or the other would be treason to the onstitution!5 Cohen v. "ir#inia, (/$, ) =heat! $). and U.S. v. $ill , .** 3!-! $%%!
=hereas, the Accused states that this court lacks sub1ect matter 1urisdiction and demands that this case be dismissed!
espectfully,
_________________________________
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Cause No(s). _____________________________ The State of Texas VS.
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____________________________
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IN THE _________________________ COURT ________________________________________ § __________________ COUNTY, TEXAS
OR-ER ON OTION TO CHA//EN;E SU
Jn this the
day of
, $%%__, came on to be heard
the Accused2s Cotion to hallenge -ub1ect Catter Hurisdiction for 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 Cotion should be 8ranted and the harge is Dismissed! Denied, 8rounds +eing ________________________________________________ ______________________________________________________________________________
-igned and entered this
day of
, $%%__!
_____________________________
Hudge residing
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CERTI*ICATE O* 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 certified mail, return receipt reBuested, hand delivery or fa# on this ______ day of ________________________, $%%__! ______________________________________ ______________________________________ ______________________________________
_________________________________
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INSTRUCTIONS
This document is filed for the purpose to establish reasons and authority that the court does not have sub1ect matter 1urisdiction! ead it! It may need to be changed for your circumstances! This document should be filed at least % days before the pretrial! This document is important for the appeal! 9ine : =here you put the cause numbers of the case! 9ine $: ut either KCunicipal2, KHustice of the eace2 or ounty! 9ine ': ut either KIn the ity of (whatever ityL, ?recinct (whatever numberL or ?(whatever county ourt it is M like M At 9aw N 9ine .: ut your name in 3pper and 9ower aps! 9ine ;: ut whatever county the court is in M like M ?8alvestonL! 9ine ): ut your name in 3pper and 9ower aps! 9ine 4: -ign your name, print your name in 3pper and 9ower aps then below that print your address! 9ine /: =here you put the cause numbers of the case! 9ine *: ut either KCunicipal2, KHustice of the eace2 or ounty! 9ine %: ut either KIn the ity of (whatever ityL, ?recinct (whatever numberL or ?(whatever county ourt it is M like M At 9aw N 9ine : ut your name in 3pper and 9ower aps! 9ine $: ut whatever county the court is in M like M ?8alvestonL! 9ine ': 9eave for the Hudge to fill out! 9ine .: 9eave for the Hudge to fill out! 9ine ;: 9eave for the Hudge to fill out! 9ine ): 9eave for the Hudge to fill out! 9ine 4: 9eave for the Hudge to fill out! 9ine /: 9eave for the Hudge to fill out! 9ine *: 9eave for the Hudge to fill out! 9ine $%: 9eave for the Hudge to fill out! 9ine $: 9eave for the Hudge to fill out! 9ine $$: 9eave for the Hudge to fill out! 9ine $': 9eave for the Hudge to fill out! 9ine $.: ut the numbered day of the Conth that you serve a copy of this document to the prosecutor! 9ine $;: ut the name of the Conth that you serve a copy of this document to the prosecutor! 9ine $): ut the last number of the year that you serve a copy of this document to the prosecutor! M like > $%% ! 9ine $4: ut ? rosecutor for (=hatever ourt 9ine $/: ut the street address where the prosecutor will be served! 9ine $*: ut the ity, -tate and Oipcode where the rosecutor will be served! 9ine '%: -ign your name, print your name in 3pper and 9ower aps then below that print your address!
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Jriginal goes to the clerk of the court, one copy to the rosecutor and one copy for you to keep and have stamped by the clerk! +e sure and 0JT include the instruction sheets!
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